SANT BIHARI SHARMA Vs. MINISTER OF TRANSPORT

JUDGEMENT

(1.) These two applications under Articles 226 and 227 of the Constitution of India are directed against an order of the Transport Minister, Government of Bihar, Patna (Annexure C) dated January 25, 1967, and the order dated May 4, 1966, of North Bihar Regional Transport Authority (Annexure A) granting permit of the service of Chapra -Masrakh -Sewan -Go -palganj route covering a distance of eighty miles (hereinafter referred to as the route) to respondent Dhani Devi, widow of Ram Bichar Singh. Applications were invited for the grant of a permanent stage carriage permit for the route, and June 15, 1963, was fixed as the last date for receiving application. The petitioners of that two applications and others including one Ram Bichar Singh, husband of respondent Dhani Devi, filed applications for the same. In accordance with the provisions of Section 57(3) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act), and Rule 46 of the Bihar Motor Vehicles Rules, 1940 (hereinafter referred to as the Rules), the aforesaid applications were published in the Gazette. So far as respondent Dhani Devi is concerned, she did not file any application in her own right and her name was never published in the list of the applicants for the grant of the permit.

(2.) Thereafter Ram Bichar Singh died on April 22, 1965, leaving behind several heirs including Dhani Devi. Deceased Ram Bichar Singh also held several permits for other routes. Under Section 61(2) of the Act the transport authority transferred the permits held by Ram Bichar Singh to respondent Dhani Devi.

(3.) After observing necessary formalities the matter for grant of permit for the route came for consideration before the Bihar Regional Transport Authority on May, 4, 1966, No application for substitution of the name of respondent Dhani Devi in place of her husband Ram Bichar Singh was filed before the authority. Nor did the authority substitute her name in place of her husband. Further, the Regional Transport Authority by its order dated May 4, 1966 (annexure A) decided to grant permit for the route to respondent Dhani Devi. The petitioners along with two other persons filed an appeal before the Appeal Board which by its order dated the 20th August, 1966 (annexure B) set aside the order of the Regional Transport Authority granting permit to respondent Dhani Devi and granted permit of the route to Sant Bihari Sharma (petitioner of C. W. J. C. 235 of 1967) on certain terms and conditions failing which to Chandrakirti Singh (petitioner of C. W. J. C. 287 of 1967) on the same terms and conditions. Being aggrieved by the aforesaid order of the Appeal Board, respondent Dhani Devi, petitioner Chandrakirti Singh and one Rajeshwari Prasad Singh filed applications before the State Government under Section 64A of the Motor Vehicles (Bihar) Act. The three applications were heard together. The application of respondent Dhani Devi succeeded and the order of the Appeal Board granting permit to petitioner Sant Bihari Sharma was set aside and the order of the Transport Authority granting permit to respondent Dhani Devi was restored. The applications of petitioner Chandrakirti Singh and Rajeshwari Prasad Singh were dismissed, Hence the petitioners in the two cases have filed the applications for quashing the order of the Transport Minister granting permit to respondent Dhani Devi, Petitioner Chandrakirti Singh has also challenged the order of the Appeal Board granting permit to Sant Bihari Sharma on the ground that his appeal was barred by limitation.