Decided on July 23,1970

Bus Owners Association Appellant
The State Transport Authority And Ors. Respondents


M.C. Pathak, J. - (1.) By this writ petition the Petitioner has prayed for a mandamus directing the Respondents not to give effect to the order of the Regional Transport Authority, Dibrugarh passed in the meeting held on 29th March 1967 granting 3 permits to Respondents Nos. 3. 4 and 5, the order passed by the State Transport Authority, Assam, Shillong on 30th November 1967 and 1st December, 1967 rejecting the revision petition filed against the said order of the Regional Transport Authority, and the notice dated 18 -3 -68 issued by the Regional Transport Authority to Respondents 3, 4 and 5.
(2.) The Petitioner is the Dibrugarh city Bus Owners Association represented by its Secretary Shri Nagendra Nath Das. The Petitioner's case is that it is a recognised association of the 17 Stage Carriage Permit holders on the Dibrugarh City Bus routes extended up to Barbarua, Jokai Sessa, Mohonbari Airfield. That the periods of validity of different permits for stage carriages in the City Bus routes expire on different dates. The period of validity of two such periodic permits was to expire on 31 -12 -66 and the Regional Transport Authority invited applications for the renewal of the said existing periodic permits by notification dated 25th November, 1966. In pursuance of the said notification the holders of the two periodic permits submitted applications for renewal of their periodic permits. The Regional Transport Authority in its meeting held, on 29th March, 1967 passed orders for renewal of the said two permits and it further observed that the existing 17 permits of City Buses at Dibrugarh could not give adequate service on all the routes of Dibrugarh and since there had been no increase in the number of vehicles for several years, though the number of population rose at an accelerated rate, the Regional Transport Authority decided to advertise for three more additional permits for Dibrugarh in addition to the existing 17 permits. In order to meet the urgent need, the Regional Transport Authority also decided to grant 3 temporary permits, one each to Respondents Nos. 3, 4 and 5 pending regularization in due course. Though in the order of the Regional Transport Authority it was mentioned that the Secretary of the Petitioner association was present during the discussion, he was not called to the above -mentioned meeting for the purpose of discussion regarding the increase of the number and therefore without consulting his association, he could not say anything when his opinion was asked about the increase of the number and he wanted some time for this purpose, which was not allowed.
(3.) The Petitioner filed a revision petition before the State Transport Authority against the order of the Regional Transport Authority's granting 3 additional temporary permits. The State Transport Authority in its meeting held on 30 -11 -67 and 1 -12 -67 heard the said revision petition and rejected the same. Thereafter the Regional Transport Authority issued a notice dated 18 -3 -68 to Respondents 3, 4 and 5 to produce registration certificates, fitness certificates and insurance certificates of their vehicles together with their clearance certificates of Income Tax and professional taxes within ten days from the date of issue of the order for the purpose of issuing them temporary permits.;

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