SUBODH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been preferred by the petitioner against the decision dated 19th/20th Feb. 2001 of the State Transport Authority, Jharkhand, Ranchi, whereby and whereunder, a condition has been imposed that a person cannot be granted more than one permit for the same route.

(2.) The only question arises for determination is whether a person can be granted more than one permit for the same route or not.

(3.) Before deciding the issue, it is necessary to notice the relevant facts, which are mentioned hereunder. The petitioner is engaged in business of transport and owes a fleet of bus which ply on various routes within the State of Jharkhand as well as on the Inter-State route covering the neighbouring States. In the present case, the dispute relates to the route : Tata to Dhanbad via Purulia, an Inter-State route. As per law, concurrence by way of agreement has been taken by the State of Bihar (now Jharkhand) from the State of West Bengal for grant of permission in the route in question. Altogether, four permanent permits have already been granted for the route in question, one of which in favour of petititioner Subodh Prasad. There were number of litigations at the time of grant of temporary permits wherein certain observations were made by this Court, but it is not necessary to discuss all these facts, the issue being a question of law for determination. The petitioner had a temporary permit for the route, in question, which was going to lapse. Petitioner asked for a regular permit, the file routed from the bottom, when certain queries were made. The petitioner, fulfilled all the requirements and also bought a new bus of a latest model of 2002 with Registration No. JH-01 B-1068 to ply it on the route, in question, on grant of permit.