MOHAMED HANIF Vs. MANNALAL SHIVKUMAR

JUDGEMENT

(1.) THESE are corseted special appeals by 8 persons against an order of a learned Single Judge passed in S.B. Civil Writ petition No. 7.48 of 1967. By its order 9 permit were granted on the Jhunjhurnu -Sardarshahar route which was newly opened by the Regional Transport Authority, Bikaner, at its meeting held on 28th, 29th and 30th September, 1967. The fining of the learned Single Judge was that the writ petitioners Mannalal Shiv Kumar had also filed an application for a fresh permit on this route on 21 -11 -66 which was not even published by the Regional Transport Authority All the 9 permits were cancelled and case was remanded to the Regional Transport Authority for a fresh consideration of all pending applications including the application of the petitioners for grant of permits on the new route. Eight of these 9 persons have filed the two special appeals.

(2.) FIVE permits were granted on the Jhunjhunu -Ghuru route 3 by the Regional Transport Authority, Jaipur and 2 by the Regional Transport Authority, Jaipur, granted permits to (1) Shiv Onkar alias Kumar (2) M/s. Mannalal Shiv Kumar and Habib Khan. The Regional Transport Authority Bikaner, granted permits to Vishwi Nath and Anr. Twenty four miles of the route lay in Jaipur region and 8 miles in Bikaner region.

(3.) THE petitioners then sent an application on 15 -3 -65 by post. A copy of this application was not produced before the learned single Judge and was filed before us. We see no reason to doubt its genuineness. We accepted it as there was some doubt as to whether (his application was for extension of the route by the Bikaner Regional Transport Authority or only for countersignatures by it. In this application it was stated that the petitioners prayed for an extension of the route upto Sardarshahar. They did not know as to which Regional Transport Authority was competent to grant the extension. They requested that the two Regional Transport Authorities should decide which of them is competent to grant the extension and that one Regional Transport Authority should grant the extension and the other Regional Transport Authority should counter -sign it. An extract of this application was published on 13 -2 -66 (annexure 2). In the top portion of this notification the application was described as one for extension of the route from Churu to Sardarshahar. In the bottom portion it was described as an application for counter -signatures.