CHANDI PROSAD Vs. THE REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THIS is a petition by one Chandi Prosad Mahajan under the provisions of Article 226 of the Constitution of India in the matter of orders passed by the Appellate Board of the State Transport Authority, Shillong, dated 5th, 6th and 7th December, 1949.

(2.) THE facts material to the application are these. The Regional Transport Authority, Assam, caused a notification, dated 28 -9 -48, to be published in the Assam Gazette, by which it invited applications for temporary permits in respect of all permits which were to expire on 31 -12 -48. The applications were required to be made in the prescribed form which specifically refers to s. 62 of the Motor Vehicles Act of 1939 and makes no reference to Section 58. The petitioner held 2 permits in respect of stage carriages and 2 for public carriers, which were to expire on 31 -12 -48. Pursuant to the notification to which we have referred, the petitioner applied in the prescribed form for 4 permits - -2 for stage carriages and 2 for public carriers, praying, however, in the application that the permits be granted to him for 3 years. The Regional Transport Authority ignored this prayer and issued all the 4 permits to the petitioner for 3 months only Under Section 62 of the Motor Vehicles Act.

(3.) THE petitioner prays for Writs of certiorari and mandamus upon the Regional Transport Authority, Gauhati, directing it to issue permits for the 2 stage carriages Nos. ASK 1121 and ASK 836 and 2 public carriers Nos. ASK 1281 and ASK 1254, on the following grounds: