KHEMCHAND AGARWAL Vs. STATE TRANSPORT AUTHORITY
LAWS(ORI)-1973-8-12
HIGH COURT OF ORISSA
Decided on August 01,1973

KHEMCHAND AGARWAL Appellant
VERSUS
STATE TRANSPORT AUTHORITY Respondents

JUDGEMENT

- (1.) THE petitioner was an applicant for nermanenl stage carriage permit on the inter-State route of Karaniia to Tatanagar. in pursuance of notification issued bv the State Transport Authority. Orissa, O. P. No. 1 inviting applications for that route. All the applicants were duly invited under Section 57. M. V. Act (hereinafter referred to as the Act) for filing objections. Objections were filed and ultimately the State Transport Authoritv in its meeting dated 31-10-1969 granted the application of O. P. No. 3 and rejected the applications of all others including that of the petitioner. Thereupon the petitioner went up in an appeal to the O. P. No. 2 in M. V. Appeal No. 7/70. The appeal was dismissed on 18-5-1970 The petitioner has filed this application for issuance of a writ of certiorari for quashing the order dated 31-10-1969 passed by O. P. No. 1 and also of the appellate authority, namely O. P. No. 2.
(2.) TWO points have been taken. The first that the State Transport Authority has no jurisdiction to invite and entertain applications for granting a stage carriage permit in respect of the inter-State route in question, which is a matter within the exclusive iurisdiction of the appropriate authority for this purpose which is the concerned Regional Transport Authoritv as provided in Section 45 of the Act The second point is that on merits the case of the petitioner is better than that of the o. P. No. 3 and the order in favour of the latter is vitiated on account of non-consideration of the affidavit filed by the petitioner showing that the successful candidate had no garage.
(3.) THE first point has been dealt with and negatived in the common judgment passed in regard to the batch of similar writ applications, O. J. Cs. 302, 157 and 347 of 1970. which has been delivered today. It has been there held that the state Transport Authoritv has power and iurisdiction to perform the duties and functions of the Regional Transport Authoritv in the matter of inviting applications for grant of stage carriage permit in respect of inter-State routes under Section 44 (3) (b) of the Act. For reasons stated in the judgment of the aforesaid batch of cases, delivered today and in the absence of anv allegation made on behalf of the petitioner that the State Transport Authority did not think it fit to perform the duties of the concerned Regional Transport Authority in respect of the route in question prior to inviting applications, this point also fails.;


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