GAURI SHANKAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) An identical question of law is involved in these two cases and, therefore, they have been heard together and are being disposed of by a common judgment. C. W. J. C. No. 150 of 1968.

(2.) The facts of this case are that Ram Sanehi Singh, respondent No. 1, who was holding a permit for a route Bihar-Nqor-sarai-Chandi-Daniawan, filed an application for extension of the said route up to Agamkuan, Patna. The State Road Transport Corporation, the petitioner, in this case objected to the said extension on the ground that a portion of the route from Fatuha to Agamkuan forms part of the route Patna-Nawadah, which is a notified route since 1957 under an approved scheme, a copy of which is An-nexure 'D' to the writ application. According to the notified scheme the petitioner has got absolute monopoly over the said route to run stage carriage service, including portions thereof, to the complete exclusion of private operators The South Bihar Regional Transport Authority, respondent No. 4, granted the extension by its order dated the 2nd September, 1966, a copy of which is An-nexure 'C'. The petitioner went in appeal before the Appeal Board, respondent No. 3, which set aside the aforesaid order of the South Bihar Regional Transport Authority, by its order dated the 1st June, 1967. A copy of the order of the Appeal Board is Annexure 'B' to the writ application. Respondent No. 1 went up in revision under Section 64A of the Motor Vehicles Act, 1939, as it stands under the Bihar amendment, to the Minister in charge of the Transport Department, State of Bihar, respondent No. 2. The Minister by his order dated the 25th December, 1967, set aside the order of the Appeal Board and restored the order dated the 2nd September, 1966, of the Regional Transport Authority. The petitioner has obtained a rule for calling up and quasn ing of the order of Minister by grant of a writ of certiorari. C. W. J. C. No. 86 of 1968.

(3.) The facts of this case are that Gauri Shankar Sharma, the petitioner, was holding a permanent stage carriage permit to ply his stage carriage on the route Banka-Belhar via Katoria, which was granted by the East Bihar Regional Transport Authority, Bhagalpur. The petitioner filed an application under Section 57 (8) of the Motor Vehicles Act, 1939, before the East Bihar Regional Transport Authority to vary the condition of his permit as his case is, by including Banka to Luxmipur via Dacca and Bounsa route to his existing route. Apart from others, the Bihar State Road Transport Corporation, respondent No. 3, objected to the grant of the application filed by the petitioner. The Regional Transport Authority by its order dated the 3rd November, 1966, (a copy of which is Annexure 'A' to this application) overruled the objections and granted the extension asked for. The objectors, including respondent No. 3, filed appeals against the said order of the Regional Transport Authority and the State Transport Appellate Authority, respondent No. 2, set aside the order of the Regional Transport Authority. The order of the Appeal Board is dated the 1st April, 1957, a copy of which is Annexure 'B'. The petitioner went up in revision under Section 64A of the Motor Vehicle; Act, as it stands under the Patna amendment, to the Minister in charge of Transport Department. But in this case the same Minister, who had allowed the revi-sional application in the other case, dismissed this revisional application by his order dated the 5th December, 1967 a copy of which is Annexure 'D' to his writ application. The private operator has obtained a rule from this Court for calling up and quashing the orders of the Appeal Board and the Minister in charge of the Transport Department.