GOBARDHAN JOSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two applications, bearing Nos. M. J. C. 4 of 1955 and M. J. C. No. 129 of 1954, have been heard together as the order challenged under them have been passed under a common provision of law, namely, Section 64-A of the Motor Vehicles Act, 1939, and they raise some common questions of law, the important one of them being that Section 64-A itself is constitutionally void and ultra vires.

(2.) Both these applications have been moved under Article 226 of the Constitution of India and the common prayer made in them is for the issue of an oppropriate direction in the nature of writ restraining the respondents from enforcing the orders which have been challenged thereunder.

(3.) In M. J. G 4 of 1955 the petitioner is one Gobardhan Joshi, and it is stated that he carries on business in motor transport. The facts giving rise to his application are as follows. It appears that on 21st January, 1953, the East Bihar Regional Transport Authority, Bhagalpur (respondent No. 3), advertised a vacancy for a stage carriage permit on the Godda Pakur Road under Section 57 of the Motor Vehicles Act 1939 read with R. 46 of the Motor Vehicles Rules (Bihar) 1946. In pursuance of that advertisement, the petitioner and respondent No. 4 Abdul Majid Khan along with a number of other persons filed applications for the same. On a consideration of these applications, in accordance with Rule 47 of the said Motor Vehicles Rules, the East Bihar Regional Transport Authority granted the permit to respondent No. 4 on 28th of September, 1953. Dissatisfied with that order, the petitioner filed an appeal against it under Section 64 of the Motor Vehicles Act 1939 to the State Transport Authority (appellate jurisdiction) Bihar. This appeal was allowed by the order dated 5th December 1953 with the result that the said permit was granted to the petitioner. The permit shows that it was made valid for three years subject to its renewal on the expiry of every four months. On the strength of this permit the petitioner, it is stated, has been plying the stage carriage on the said route since then. In the mean time, respondent No, 4 moved the State Government on 8th December, 1953, against the order dated 5th December, 1953, passed by the appellate authority. That was disposed of by the State Government on 30th December 1954 by the order which, runs as follows :