RAMNIHORA THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner Ramnibora Thakur has applied to the High Court under Articles 226 and 227 of the Constitution, praying that the order of the Regional Transport Appellate Board, dated the 13th December, 1955, cancelling the permit granted to him is without jurisdiction and ultra vires and must be set aside.

(2.) It appears that the Regional Transport Authority had advertised for applications for grant of a permit for four months (subject to automatic renewal every four months), and on the 12th/13th January, 1955, the Regional Transport Authority considered all the applications and granted a permit to the petitioner Ramnihora Thakur for the Muzaffarpur to Bela via Sita-marhi route. Against this order opposite party No. 4, Ganga Motor Service, preferred an appeal to the Appellate Board of the State Transport Authority. On the 13th December, 1955, the appeal was allowed by the Appellate Board and the permit was ordered to be granted to opposite party No. 4 and further an order was made by the Appellate Board that the permit granted to the petitioner Ramnihora Thakur should be set aside.

(3.) The main ground in the present application is that the Appellate Board had no jurisdiction to cancel the permit granted to the peti-tioner because the appeal preferred by opposite party No. 4 was under Section 64 (a) and not under Section 64 (f) of the Motor Vehicles Act. It is necessary to quote the relevant portion of Section 64. Section 64 (a) states: