B.N.BANERJEE, J. - (1.) THE petitioner Company is a permit -holder for four stage carriages on Route No. 16, District Nadia, extending from Plassey Railway Station to Betai, via the ferry over the Jalangi at Plasseypara Ghat. The petitioner claims that it was carrying passengers and postal mail to the satisfaction of everybody. Due to rising costs of spare parts, tyres and tubes and establishment charges, the running of the stage carriages began to prove unremunerative to the petitioner, on existing fares. It, therefore, made a representation to the Regional Transport Authority to amend the route permit by extending the same to Karimpur, so that larger passenger traffic might make up for the running costs.
(2.) NOT only was the representation made by the petitioner left unattended but the Regional Transport Authority, it is alleged, took a step harmful to the petitioner by issuing a notification inviting applications for issue of an additional permit for one stage carriage on a new route, namely from Karimpur to Plassey Monument via Betai and Plasseypara, covering about thirtyfive miles, on the entire route used by the petitioner for its bus service. The notification is dated August 24, 1959 and is annexed to the petition marked with letter 'A'. The petitioner made an application before the Regional Transport Authority objecting to the opening of the new route, therein indicating how the opening of the route will harm the petitioner. The aforesaid objection was filed on November 27, 1959. Before the objection was heard the Regional Transport Authority passed the following resolution, on March 21, 1959: 'Considered the proposal submitted by the Sub -divisional officer Sadar (North) for opening a new bus route between Karimpur and Plassey Monument via Betai and Plashipara. Resolved that the State Transport Authority, West Bengal be moved for sanctioning the above route for one bus for the present,' The sanction of the State Transport Authority has also admittedly been obtained.
(3.) THE petitioner says that it knew nothing about the resolution until February 27, 1960, when the objection of the petitioner was taken up for hearing. The hearing, however, was postponed to March 4, 1960. In the meantime the petitioner obtained copy of the resolution of the Regional Transport Authority and filed an application contending that the resolution was illegal and void inter alia on the following grounds: 'That your petitioner has every reason to believe that such a resolution was passed (which will ultimately lead to ruin of your petitioner's Bus service of the existing route) because of the influence and presence of the said members without any consideration of other factors, In view of the above facts and the Ruling reported in Commr. of Burdwan v. Mrinal Kanti Chatterjee, : AIR1959Cal326 your petitioner humbly submits that the Resolution No. 13(a) passed by the R.T.A., on 21 -3 -59 is void, illegal and inoperative in law, and the notice dated 24 -10 -59, issued by the R.T.A. in pursuance of the said Resolution is invalid, illegal and ultra vires and no action can be taken on that.' The hearing of the objection was, thereafter, adjourned sine die on the prayer of the petitioner, because, it wanted to move higher authorities to nullify the resolution. It is in these circumstances that the petitioner moved this Court for a Writ in the nature of Certiorari quashing the resolution and also for a Writ in the nature of Mandamus restraining the defendants from, giving effect thereto.;