KUNJILAL HANUMANLALA JAISWAL Vs. B C DEO

JUDGEMENT

(1.) These petitions arise out of proceedings u/s. 47 of the Motor Vehicles Act, 1939 before the State Transport Authority, Bombay, and also the appellate proceedings before the Appellate Tribunal. Since both the applications arise out of the same original proceedings, we have heard them together and this common judgement will dispose of both these petitions.

(2.) The facts giving rise to this dispute may now be noted. The inter-State route Nagpur-Indore via Amravati and Dharni is the subject-matter of grant of regular permit for which there were four competitors. It is not in dispute that there has been inter-State agreement between the State Governments of Madhya Pradesh and Maharashtra. According to the terms of that agreement on the Nagpur-Indore inter-State route the primary permit is to be issued by the State Transport Authorities of Maharashtra and it is to be counter-signed by their counterpart in Madhya Pradesh.

(3.) Between October 1974 and December 1974 the State Transport Authority (hereinafter referred to as the 'S.T.A.') received four different applications. One was from the Maharashtra State Road Transport Corporation, Maharashtra State Undertaking (hereinafter referred to as 'M.S.R.T.C.'). The other was from one Kunjilal Hanumanlala Jaiswal (hereinafter referred to as 'Jaiswal'). The third was from M/s. S.H. Motor Transport Co., a partnership firm, and the fourth was from one Ramkrishna Marotirao Kolhatkar (hereinafter referred to as 'Kolhatkar'). When these applications were invited, the parties put in their claims as well as objections to other claimants. None except the four claimants entered the arena either to claim a permit or to raise the objections to the granting of permits to either of them.