BHARATMOTORSERVICERANCHI Vs. STATE TRANSPORT AUTHORITY BIHAR PATNA

JUDGEMENT

(1.) The petitioner, which is a partnership firm carrying on business as a transport operator is aggrieved by the order dated 15-5-1993 Respondent State Transport Authority by which (Annexure-7) passed by the private repondent MehtaPrem Nath has been granted a permit for operating a stage carriage on the inter State route Ranchi to Rourkela via Kolebira.

(2.) The petitioner is the holder of a permit for operating a stage carriage on the route Ranchi to Rengari via Kolebira Simdega. The private respondent was holding a permanent permit on the regional route Ranchi to Kolebira via Khunti (Annexure-2). This was to expire in 1994 but on 31-5-1993 he surrendered the same because he was granted a permanent permit for the inter State route referred to above for the period 5-6-1993 to 4-6-1998 (Annexure-8) pursuant to the impugned order as contained in Annexure-7,

(3.) It is a matter of record that pursuant to an agreement between the authorities of the State of Bihar and Orissa and after observing all the necessary formalities as contemplated under Section 63 of the Motor Vehicles Act, 1939 (hereinafter the Old Act only), the inter State route in question was duly notified in the extraordinary issue of Bihar Gazette bearing No. 253 dated llth May, 1988 (Annexure-B) to the counter affidavit filed by Respondent No. 3). Para 5 of the said notification provided that the regional route Ranchi Kolebira has been decided to be extended to Rourkela and the motor vehicles of Bihar will operate everyday on the route on the basis of permit granted by the State Authority. Bihar. In the notification it was notified that only Transport 24 K Ms. of the route lies Orissa area.