JUDGEMENT
Kasliwal, J. -
(1.) This appeal by the Bihar State Road Transport Corporation (hereinafter referred to as the Corporation) is directed against the judgment of the High Court of Judicature at Patna, Ranchi Bench dated 10-10-1991. Sushil Kumar Vohra - respondent No. 1 filed a Writ Petition in the High Court for quashing the order of the State Road Transport Authority (hereinafter referred to as the Authority) dated 20-7-1991 granting one permit to the Corporation on the route Hazaribagh to Calcutta for two trips daily in pursuance of a reciprocal agreement entered into between the State of Bihar and the State of West Bengal. A permanent permit was granted in favour of the Corporation by an order of the Authority in its meeting dated 16-1-1991 and signed on 22-1-1991. Against the grant of this permit, Shri Sushil Kumar Vohra filed a Writ Petition No, 311 of 1991 in the High Court. The High Court quashed the aforesaid decision of the Authority by order dated 12-4-1991 and directed it to reconsider the matter as per rules.
(2.) In accordance with the directions of the High Court, the State Transport Authority summoned 15 applicants for reconsideration of the matter. The Authority held that the representatives of the Corporation claimed to have presented two buses of 1989 model. The Authority considered the claims of all the other applicants and observed that the Corporation secured first position in order of seniority. As regards Shri Sushil Kumar Vohra, the Authority observed that he secured second position on the basis of the bus as well as other claims. Shri Sushil Kumar claimed to have presented two buses of 1990 and 1989 model. The Authority also considered the claims of other applicants and the models of buses available with them and ultimately held that the Corporation having secured the first position, it was unanimously decided to grant permit to the Corporation. This order was passed by the Authority on 20-7-1991.
(3.) Feeling aggrieved against the aforesaid order, the respondent filed a Writ Petition in the High Court. The High Court by its impugned order held that the State Transport Authority was required to record all the facts which were found in favour of the Corporation for allowing its application for grant of permit. The High Court in these circumstances quashed the order of the State Transport Authority and remanded the matter to it for passing a fresh order. The Corporation has now come in appeal to this Court against the above remand order of the High Court.;
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