Das, J. - (1.) This judgment will dispose of all the five petitions (Nos. 189 to 193 of 1955) which have been heard together and which raise the same question as to the constitutional validity of the C. P. and Berar Motor Vehicles (Amendment) Act, 1947 (Act III of 1948).
(2.) The facts are short and simple. Each of the petitioners has been carrying on business as stage carriage operator for a considerab1e number of years under permits granted under S. 58, Motor Vehicles Act, 1939 (Central Act IV of 1939) as amended by the C. P. and Berar Motor Vehicles (Amendment) Act, 1947 (Act III of 1948).
(3.) Prior to the amendment S. 58, Motor Vehicles Act 1939 was in the following terms: "58(1). A permit other than a temporary permit issued under section 62 shall be effective without renewal for such period, not less than three years and not more than five years as the Regional Transport Authority may in its discretion specify in the permit. Provided that in the case of a permit issued or renewed within two years of the commencement of this Act, the permit shall be effective without ranewal for such period of less than three years as the Provincial Government may rescribe. (2) A permit may be renewed on an application made and disposed of as if it were an application for a permit: Provided that, other conditions being equal, an application for renewal shall be given preference over new applications for permits". It will be noticed that under the section as it originally stood the permit granted thereunder was for a period of not less than 3 years and not more than 5 years and a permitholder applying for renewal of the permit had, other things being equal, preference over new app1icants for permit over the same route and would ordinarily get such renewal.;