RAMANLAL CHUNNILAL Vs. TRANSPORT APPELLATE TRIBUNAL RAJASTHAN JAIPUR

JUDGEMENT

(1.) THIS is a writ application by Messrs. Ramanlal Chunnilal under Article 226 of the constitution of India.

(2.) THE facts giving rise to it are as follows: respondent No. 3 Shri Shyam Sunder Shaima obtained one nontemporitry permit for plying a stage-carriage On 'chechat-Jhalawar route on 15th May, 1953 from the Regional Transport Authority, Udaipur. This permit was subsequently extended, upto Jhalrapatan, a township about four miles ahead of Jhalawar, and later on, it was extended to Raipur. On 19th October, 1957, the Collector, Jhalawar, granted further extension of the route upto Chavli which was about six miles ahead of raipur. Thus respondent No. 3 continued to ply his bus from Chechat to chavli up-to 31st December, 1960. The period of his permit, however, was to expire earlier and so he had presented an application for the renewal thereof. When his application for renewal of the permit came for consideration before the regional Transport Authority, it was found that, the extension given to him by the collector from Raipur to Chavli was unauthorised and so the Regional Transport authority rejected his application for renewal of the permit on the ground that there was no such route as Chechat to Chavli in the original permit. Against this order dated 29th Juty, 1900. respondent No. 3 went in appeal. The Transport appellate Tribunal accepted the appeal partially and it was ordered that the stage carriage permit of respondent No. 3 be renewed for the route Chechat to Raipur for a period of three years from the date of its expiry. His application for extension of the route from Raipur to Chavli was not allowed at that time, but the Regional transport Authority was directed to publish it and then to dispose it of in accordance with law. This order was passed on 20th April, 1961.

(3.) ON 18th May, 1961, respondent No. 3 presented a fresh application before the regional Transport Authority for extension of the route from Raipur to Chavli. It was published by the Regional Transport Authority an 27th July, 1961 and it was considered to the meeting on 30th June, 1962 along with other fresh applications and it was resolved that the State Transport Authority may be requested to give its concurrence for extension of the route. The concurrence of the State Transport authority was considered necessary, because the route on which extension was sought, was 'a' Class route and there was a ban for granting permit on that route. On 6th November, 1962, the State Transport Authority passed a resolution and the ban for grant, of fresh stage-carriage permit was relaxed as a special case for chechat-Chavli route. The application of respondent No. 3 then came for reconsideration before fee Regional Transport Authority on 5th and 6th April, 1963. The said authority dismissed the application. Aggrieved by this order, respondent No. 3 presented an appeal before the Transport Appellate Tribunal. The Appellate Tribunal allowed the appeal. It came to the conclusion that the extension of the permit of respondent No. 3 was in the public interest and so the regional Transport Authority was directed to grant extension of the route from raipur to Chavli by its order, dated 29th, April, 1963 It is this order of the appellate Tribunal which is sought to be challenged.