LAKHI PRASAD AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) One vacancy for the stage carriage service in the route Karhagola-Purnea-Forbesganj was advertised by the East Bihar Regional Transport Authority on the 29th June, 1960. Applications for permit were invited for that route and in response to that advertisement, sixteen applications were filed. By the resolution dated the 18th January, 1961, the East Bihar Regional Transport Authority granted three permits to respondents 6, 7 and 8, though there was only one vacancy advertised for the route. Respondents 4 and 5 took the matter in appeal before the Appeal Board of the State Transport Authority. On the 15th of April, 1961, the Appeal Board cancelled the permit granted in favour of respondent No. 6 and instead granted a permit to respondent No. 4; otherwise the order of the Regional Transport Authority was maintained by the Appeal Board. Against the order of the Appeal Board, respondents 5 and 6 made representations to the State Government under Section 64A of the Motor Vehicles Act. By his order dated the 5th July, 1961, the Minister of Transport allowed the representations and restored the order of the Regional Transport Authority in its entirety. In other words, the Minister of Transport held that permits had been properly granted to respondents 6, 7 and 8. But the Minister of Transport proceeded to say that,

(2.) In this case the petitioner has obtained a rule from the High Court calling upon the respondents to show cause why the order of the Minister of Transport dated the 5th July, 1961 should not be set aside by the High Court under Article 227 of the Constitution.

(3.) Cause has been shown by the learned Standing counsel on behalf of respondents 1 to 3 and also by other learned counsel on behalf of respondents 4 to 7. There is no appearance on behalf of respondent No. 8.