NANDLAL THANA RAM Vs. GHANI KHAN MONAF KHAN

JUDGEMENT

(1.) In this case the petitioner has applied to the High Court for grant of a writ under Article 226 of the Constitution for quashing the order of respondent No. 2 dated 18th November, 1958, dismissing an appeal preferred by the petitioner against the order of respondent No. 3, dated the 26th February, 1958, granting an extension of 16 miles of the stage carriage permit of respondent No. 1.

(2.) It appears that the petitioner is a holder of a permanent stage carriage permit for the route Bettiah to Ramnagar via Lauria. This route is 16 miles in common with the route on which respondent No. 1 runs his vehicle. It appears that respondent No. 1 applied for an extension of his permit up to Lauria. This application was allowed by respondent No. 3 on the 26th February, 1958. Against this order the petitioner appealed to respondent No. 2 who dismissed the appeal on the ground that there was no valid objection filed by the petitioner to the grant of the extension of the route to respondent No. 1 and hence his appeal was not maintainable under Section 64 (f) of the Motor Vehicles Act.

(3.) The submission of learned Counsel on behalf of the petitioner is that the order of the Appeal Board dated the 18th November, 1958, is erroneous in law, because the appeal of the petitioner was maintainable under Section 64, Clause (b) of the Motor Vehicles Act, which runs as follows :