RAJESHWARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these writ applications the petitioners have prayed for quashing different resolutions of Darbhanga Regional Transport Authority, whereby and whereunder, numbers of permanent and temporary stage carriage permits were granted to the private respondents on their suo motu applications. Although these writ applications are on behalf of different petitioners, but points involved, are common, therefore, for sake of convenience, they are being disposed of by this common judgment.

(2.) The petitioners are the existing stage carriage operators on different routes. They held permits, granted by the Regional Transport Authorities of the concerned area. They were plying their vehicles on the routes, assigned to them under such permits. Their grievance is that the decisions of the Regional Transport Authority (hereinafter to be referred as 'the authority') to grant stage carriage permits on suo motu applications, is in clear violation of the constitutional provisions, contained in Articles 14 and 19(1)(g) of the Constitution and even against the provisions of Motor Vehicle Rules, as amended after enforcement of the Motor Vehicles Act, 1988 (hereinafter to be referred as 'the Act').

(3.) Their further grievance is that the applications of the private respondents for grant of stage carriage permits were filed without indicating any time schedule. The existing operators were not given an opportunity to file objections in order to protect their right of business and timings, fixed by the authorities for movement of vehicles. The concerned authority was not entitled to grant permits for the routes without verifying the road conditions and the portion of the nationalised routes.