REGIONAL TRANSPORT AUTHORITY PATIALA Vs. GURBACHAN SINGH

JUDGEMENT

(1.) THIS Full Bench has been constituted to determine the following questions:-" whether it is necessary in view of the provisions of Section 47, 50 and 55 of the Motor Vehicles Act (hereinafter referred to as Act) to issue notice and hear any representations made by persons already providing transport facilities in the proposed area or near the proposed route before the Authority can issue a temporary permit under Section 62 of the Act?

(2.) THREE cases were placed before me and Sandhawalia, J. for disposal, they being : 1. Letters Patent Appeal No. 122 of 1969; 2. Letters Patent Appeal No. 185 of 1968; and

(3.) CIVIL Writ No. 1386 of 1969. It was represented at the hearing that only one point arose in all these three cases. For the appellants in L. P. A. Nos. 122 of 1969 and 185 of 1968, and for the respondent in Civil Writ No. 1386 of 1969, it was contended that the view taken against them by the learned Single Judges in the two Letters Patent Appeals was erroneous. The learned counsel for the respondents in the Letters Patent Appeals and the petitioner in Civil Writ 1386 of 1969, on the other hand, contended that, that view was correct and more so when it was based on the Full Bench decision in Ambala Ex-servicemen Transport Co-operative Society Ltd. v. State of Punjab, ILR (1958) Punj 1590= (1959 Punj 1 FB ). 3. As we had our doubts as to the correctness of the view taken by the learned Judges in Single Bench, we decided to refer the matter to a larger Bench and that is how this Bench has been constituted.