BAL KISHAN Vs. STATE TRANSPORT COMMISSIONER HARYANA CHANDIGARH

JUDGEMENT

(1.) This judgment will dispose o! Civil Writ Petitions Nos. 2065 and 3528 of 1979, which contain same questions of law. The facts in the judgment are being given from Civil Writ Petition No. 2085 of 1979.

(2.) Briefly the facts are that the State Transport Commissioner, Haryana (respondent No. 1) invited applications for the grant of 15 permits under the Western and Northern Zone Schemes. The petitioners submitted applications for the Rent of permits under both the Schemes in response to the notice. It is alleged that the authority concerned, accord to law, is required to decide all the applications on merits, taking into consideration the criteria laid down in Section 55 of the Motor Vehicles Act (hereinafter referred to as the Act). The petitioners received a letter from the Secretary, Regional Transport Authority that the permits would be granted by drawing lots. On receipt of that letter, they filed a Writ Petition No. 1029 of 1979. Notice of motion was issued in that writ petition and the Secretary, Regional Transport Authority, Sled an affidavit on May 22, 1979, stating that all the applicants were found identical on merits in view of the provisions contained in Sections 55 and 56 of the Act. In view of the aforesaid affidavit the writ petition was dismissed.

(3.) It is further averred by the petitioners that they filed applications for supply of the copy of the order in which the merits of the applicants and others were discussed and found to be identical but the same has not been supplied to them in spite of their best efforts. They have then averred that the respondents had tried to over-reach this court and stated wrongly before it that all the applicants had been found identical on merits but in fact they had not compared the merits of the applicants and no orders had been passed by the State Transport Commissioner to that effect. They have, consequently, challenged the aforesaid orders.