SARASWATI CO-OPERATIVE TRANSPORT SOCIETY LTD Vs. CHIEF COMMISSIONER DELHI STATE
HIGH COURT OF PUNJAB AND HARYANA
SARASWATI CO-OPERATIVE TRANSPORT SOCIETY LTD
CHIEF COMMISSIONER DELHI STATE
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(1.) THE Saraswati Co-operative Transport Society, Limited of Delhi, applied to this Court under article 226 of the Constitution of India to get an order of the Chief Commissioner dated the 10th of September, 1954, quashed by which he as Appellate Authority had granted a stage carriage permit to the Delhi Agra Goods Transport Company, Limited of Delhi, along with the petitioning Company on the Delhi-Jaipur route. This petition was dismissed on the 27th of september, 1955, and the Saraswati Cooperative Society has filed this appeal under Clause 10 of the Letters Patent.
(2.) THE facts leading to this appeal briefly are as follows. The State Transport Authority of the delhi State invited applications for stage carriage permits on various routes including the route now in question. About 750 applications were received. The State Transport Authority after hearing the applicants granted permits to various persons and one permit was granted to the appellant Society to ply a bus on the Delhi-Jaipur route. No other person was granted a permit for this route. The Delhi Agra Goods Transport Company, limited, appealed to the Chief Commissioner under Section 64 (a) of the Motor Vehicles Act impleading the State Transport Authority as respondent. The appeal was heard and on the 10th of september, 1954, the Chief Commissioner ordered that a permit be issued to the Delhi Agra goods Transport Company, Limited, for this route. This order was passed without any notice to the appellant Society and without hearing it. On coming to know of this order the Society applied for review, but the Chief Commissioner while stating that according to the usual practice he should have heard the Society, dismissed it on the ground that he had no power to review his order. Thereupon the writ petition out of which this appeal has arisen was filed in this Court.
(3.) THE learned counsel for the appellant has urged two points in support of this appeal, namely (1) that the Society was interested in the appeal filed by the Delhi Agra Goods Transport company, Limited and should have been heard before the impugned order was passed, and (2)that the Chief Commissioner had no jurisdiction to order the issuance of a new permit without following the procedure laid down in Section 57 of the Motor Vehicles Act,;
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