Lakshmi Prasad, J. - (1.) THIS is a petition under Article 226 of the Constitution. The Regional Transport Authority, Meerut, by a notification published in the U. P. Gazette dated the 27th of June, 1959, invited applications for five stage carriage permits on the Bulandshahr, Siana, Garhbugrasi route. A number of persons including opposite parties nos. 3 to 6 applied. The applications were published in due course in the Gazette dated the 2nd of January, 1960 and it was notified that these will be taken up for consideration at the meeting dated the 23rd of January, 1960. The said meeting was not held for some reason not relevant for the purpose of this case. Then another notification in the Gazette dated the 7th of April 1962, appeared notifying the meeting to be held on the 8th, 9th and 10th of May, 1962. That meeting was adjourned to the 29th and 30th of May and the 2nd of June, 1962. It was at this last mentioned meeting that eight persons out of the numerous applicants were granted permits. Srimati Rama Devi is one of those eight persons. The permit granted to her was valid for a period of three years from 11-6-1962 to 10-6-1965. Some of those who were not granted permit by the Regional Transport Authority preferred appeals. One such appeal was preferred by opposite party No. 5. She preferred her appeal on 24-10-1962. A copy of the memorandum of appeal is annexure 4. She did not implead any of the grantees in her appeal. She impleaded only the Regional Transport Authority as respondent in the appeal. It may be because, as is alleged in paragraph 4 of the memorandum of appeal (Annexure-4), she was under an impression that a vacancy was left unfilled after the grant of eight permits, and she pressed her claim for that 9th vacancy.
(2.) ON the 1st of August, 1964 a joint transfer application under Section 59(1) of the Motor Vehicles Act was made by the petitioners and Srimati Rama Devi. It was published in the Gazette dated the 27th of August, 1964, for obiections. No objection was filed. The Regional Transport Authority at its meeting dated the 30th and 31st of October, 1964 allowed the transfer of permit granted to Srimati Rama Devi by her to the petitioners and on 13-11-1964 the change was actually effected by entering the names of the petitioners in place of that of Rama Devi in the permit. On 24-3-1965 the petitioners applied for renewal of their permit which was to expire in June, 1965. The application for renewal was published in the Gazette dated the 3rd of April, 1965. No objection was filed. The Regional Transport Authority at its meeting dated the 6th of May, 1965 allowed renewal to the petitioners for a period of three years from 11-6-1965 to 10-6-1968. In appeal No. 175 of 1962 filed by Srimati Shamim Banu which was one of the several appeals preferred against the order of the Regional Transport Authority (Annexure 1) the appellate authority passed an order on the 27th of August, 1965 (Annexure 7) in the following terms:-- "It has been pointed out on behalf of the appellant that Sri Haji Peeru, one of the respondents, has died. It was also brought to my notice that some of the respondents have transferred their permits to others. She is, therefore, directed to bring the legal heirs of Sri Haji Peeru and also the persons in whose favour the permits have been transferred on record. The appeals are adjourned to 20-10-1965." It was on the date of the aforesaid order that opposite party No. 5 moved an application in her appeal No. 412 of 1962 for impleading all the eight grantees as respondents and the appellate authority allowed the application on the same date with the result that on 27-8-1965 all the eight grantees of permit including Srimati Rama Devi were ordered to be impleaded as respondents in Appeal No. 412 of 1962. The petitioners were, however, not made parties to this appeal either at that stage or at any subsequent stage till it came to be disposed of by the impugned order dated the 16th of November, 1965 (Annexure 8) cancelling the permit of Srimati Rama Devi and allowing the permit granted to her to opposite party No. 5 the appellant in Appeal No. 412 of 1962. The present petition is filed to have the above mentioned appellate order dated the 16th of November, 1965 Annexure 8 quashed for the reasons which shall appear from the discussion of the arguments raised at the bar.
(3.) THE petition is opposed by opposite party No. 5.;