Shinghal, J. - (1.) This appeal by special leave is directed against the judgment of the Madhya Pradesh High Court dated January 3, 1975 in appellant Nemi Chand Jain's Miscellaneous Petition No. 394 of 1974.
(2.) M/s. Sheikh Rasool Transport Co. held a stage carriage permit for one daily return trip on Jabalpur Mandla via Barela-Niwas route. The permit was canceled and the route was notified. Fifteen persons applied for grant of permit on that route including the appellant and Khuwaja Garib Nawaz Bus Service. Regional Transport Authority, Jabalpur, granted the permit to the appellant by its order dated September 8, 1972. Four appeals were filed against that order, including appeal No. 320 of 1972 of Khuwaja Garib Nawaz Bus Service. The appeals were fixed for hearing on different dates, but were disposed of by a common order of the State Transport Appellate Tribunal dated April 29, 1974. By that order the Tribunal set aside the Regional Transport Authority's order in the appellant's favour and granted the permit to Khawaja Garib Nawaz Bus Service. The appellant felt aggrieved because, according to him, the Tribunal dismissed his appeal without giving him a hearing. The precise grievance was that when the case was taken up for hearing on January 11, 1974, the parties were present, but the Tribunal adjourned the case for final hearing on March 11, 1974 at Gwalior. No one however appeared on behalf of Khawaja Garib Nawaz Bus Service in its appeal No. 320 of 1972, on March 11, 1974, while counsel for appellant Nemi Chand and one other respondent were present. The Tribunal did not hear those present and reserved the appeal for orders along with the connected appeals. One Trivedi however appeared before the Tribunal on behalf of Khwaja Garib Nawaz Bus Service on April 10, 1974. The Tribunal's order sheet of that date recorded that Shri Trivedi Stated before the Tribunal that he could not attend on the last date due to unavoidable reasons and that his appeal may be considered on merits as urged in the memorandum of appeal. The Tribunal thereafter passed the aforesaid order dated April 29, 1974 by which it set aside the Regional Transport Authority's order in favour of appellant Nemi Chand and granted the permit to Khwaja Garib Nawaz Bus Service. The appellant thereupon filed the aforesaid Miscellaneous Write Petition No. 394 of 1974. Two other unsuccessful applicants did the same, but we are not concerned with them. As the High Court has dismissed the appellant's writ petition by its impugned order dated January 3, 1975, Nemi Chand has filed the present appeal.
(3.) The short question for consideration is whether there is justification for the argument of the counsel for the appellant that the Tribunal disposed of the appeal and set aside the Regional Transport Authority's order in his favour without hearing the appellant.;