TULSI RAM AGARWALLA Vs. ROAD TRANSPORT CO

JUDGEMENT

(1.) For the route Ramgarh-Dhanbad via Gola Paterwa and Chas the petitioner Tulsi Ram Agarwalla and respondents Nos. 1 and 2, and several others had filed applications for grant of a permanent permit before the Chota Nagpur Regional Transport Authority (hereinafter referred to as the Regional Transport Authority). At a meeting held on the 11th January, 1961, the Regional Transport Authority decided to grant one permit to the petitioner and the other to respondent No. 2, the Marwari Motor Service. Against the order of the Regional Transport Authority respondent No. 1 preferred an appeal to the Appeal Board of the State Transport Authority. The appeal was allowed by the Appeal Board and the order of the Regional Transport Authority granting permit to the petitioner was set aside and it was ordered that the permit should be granted to respondent No. 1, the Road Transport Company. In deciding this appeal the Appeal Board took into account an order of the Government of Bihar, dated the 3th August, 1960, issued under the provisions of Section 43-A of the Motor Vehicles Act as it is in force in the State of Bihar. The order of the Government of Bihar is Annexure III to the application and reads as follows:

(2.) The petitioner has now obtained a rule from the High Court calling upon the respondents to show cause why the order of the Appeal Board cancelling the permit granted to the petitioner and giving it to respondent No. 1 should not be set aside by grant of a writ in the nature of certiorari under Article 226 of the Constitution.

(3.) Cause has been shown on behalf of respondent No. 1 and respondents Nos. 3 to 5 to whom notice of the rule was ordered to be given. There is no appearance on behalf of respondent No. 2, the Marwari Motor Service.