MANINDRA CHANDRA BHOWMIK AND OTHERS Vs. JOGESH CHANDRA DEY AND OTHERS
LAWS(GAU)-1958-12-8
HIGH COURT OF GAUHATI
Decided on December 09,1958

Manindra Chandra Bhowmik And Others Appellant
VERSUS
Jogesh Chandra Dey And Others Respondents




JUDGEMENT

J.N. Datta, J.C. - (1.)THIS is a petition under Article 226 of the Constitution of India, by which Petitioners pray for a Writ of Certiorari or some other suitable Writ for quashing the order of grant of a stage carriage permit, to the opposite party No. 1, by the State Transport Authority of Tripura, under section 48 of the Motor Vehicles Act, 1939, and the order of the Chief Commissioner dismissing the appeal against that order of grant.
(2.)IN Tripura, Govt. have constituted no Regional Transport Authority, which course is permissible under the Proviso to section 44(1), and therefore all the functions are carried out By the State Transport Authority.
The facts necessary to be stated for the purpose of this petition, and which have been gathered from the pleadings of parties and the files of the State Transport Authority produced in the case, are: The Petitioners own 9 buses for which they hold stage carriage permits to ply on hire on the route known as Agartala -Kamalpur route Ambasa falls on the road from Agartala to Kamalpur the road to Kamalpur branching off in a northerly direction from the main road, at Ambasa.

(3.)OPPOSITE party No. 1 made some applications for the grant of stage carriage permits for some other routes, with which we are not concerned. He made two successive applications in respect of Agartala -Kamalpur route, the second one on 6 -1 -1958. The Petitioners made a representation, but it was not considered, and by their resolution dated 24 -3 -58, the State Transport Authority decided to grant a permit to O.P. No. 1 to ply his pre -1950 model bus between Kamalpur and Ambasa, if he so desired. It might be mentioned here that the State Transport Authority had by an earlier resolution dated 8 -6 -1957, decided that pre -1950 model vehicles will not be permitted to ply, and no application for the issue of a route permit in respect of such a bus will be considered in future.


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