SHARMA ROADWAYS Vs. SOHANLAL SONI

JUDGEMENT

(1.) THIS is a special appeal by Sharma Roadways under sec. 18 of the Rajasthan High Court Ordinance, 1949, against the judgment of a learned single Judge of this Court dated 20th April, 1965.

(2.) THE facts, which are no longer in dispute between the parties, are as follows: - THE petitioner was a bus operator on the route Taranagar to Sadulpur in Bikaner region. He was holding two permits on that route. THEre were eight other permit holders on the same route. Besides this route, there was another route from Sardarsahar to Taranagar and there were five permit holders on that route. Four persons including respondent No. 1 Sohanlal and respondent No. 2 Messrs Goldsmith Transport Company applied for one permit each to the Regional Transport Authority, Bikaner, on Sardarsahar to Sadulpur route. This Sardarsahar to Sadulpur route was nothing but a combination of the routes mentioned above, namely, Sardarsahar to Taranagar and Taranagar to Sadulpur. THE substance of the said four applications was published in the Rajasthan Rajpatra dated 8th October, 1964. THEse applications came to be considered by the Regional Transport Authority on 14th December, 1964 and the applications of respondents Nos. 1 and 2 were rejected on the ground of default because they did not appear on the date fixed for hearing. Aggrieved by that order dated 14th December, 1964, they filed appeals before the Transport Appellate Tribunal. THE Appellate Tribunal allowed the appeals of respondents. Nos. 1 and 2 and granted one permit to each one of them. THE petitioner Sharma Roadways then filed a writ application in this court challenging the validity of the order of the Appellate Tribunal. THE said writ application came for hearing before a learned single Judge who dismissed it on 20th April, 1965 on the ground that the petitioner had not filed any representation before the Regional Transport Authority and, therefore, he was not entitled to maintain the writ application.