- (1.) THIS is an appeal under clause 15 of the Letters Patent. It is directed against the judgment and order dated May 12, 1976, passed by Banerjee J in C. R. 18724 (w) of 1975. By that order the learned judge made absolute a Rule which was earlier obtained by the respondent Nos. 1 and 2 on a writ petition disputing therein the validity of a resolution of the Regional Transport Authority, Hooghly, dated July 30, 1975. It will be necessary to refer to certain facts in the background to appreciate the dispute between the parties. There exists a stage carriage route from Bandel to Serampore numbered as Route No. 2. Forty stage carriages are plying on the said route and the present appellant is the Association of the permit holders on that route. In the year 1973 the Regional Transport Authority, Hooghly proposed to shift the Serampore terminus of the aforesaid route No. 2 from Serampore to Mahesh at a distance of about two miles from its original destination. It is not in dispute that when so shifted it would overlap a part of another stage carriage route, viz. , Route No. 3. The said route No. 3 as it stands at present runs from Shyambazar to Serampore via Vivekananda Setu. Respondent No. 1 is the Association of the permit holders plying their stage carriages an route No. 3 and respondent No. 2 is one of such permit holders on that route. An objection having been raised to the aforesaid proposal of shifting the terminus of route No. 2 from Serampore to Mahesh that was over ruled and the terminus was shifted to Mahesh as a result whereof route No. 2 got an extension of nearly two miles overlapping route No. 3. That was done under a resolution dated March. 12, 1973, of the E. T. A. , Hooghly, which is the subject matter of challenge in a Rule now pending in this Court, namely, c. R. 1382 (w) of 1973.
(2.) ABOUT two years thereafter the; r. T. A. on March 19, 1975, adopted a resolution to the following effect : "considered the proposal for shifting of terminal point of existing bus route. Bandel to Mahesh from Mahesh to Bag- Khal. Resolved that the proposal be accepted since there is pressing public demand from the traveling public made in the shape of mass representation and the operators in route No. 2 are pressing for shifting of their terminal point from Mahesh to Bag Khal for their facilities of parking of buses etc. Secretary, R. T. A. be requested to invite representations if any, under section 47 of the M. V. Act. by way of publication in the newspapers. "
(3.) IT is not in dispute and that has also been admitted by the appellant that the aforesaid decision was taken by the R. T. A. acting on two gets of representations-one was by members of the public who in clear terms wanted an extension of route No. 2 from Mahesh to Bag Khal a distance of about 3 miles-admittedly, however, beyond the Municipal limits of Serampore and the other by the permit holders of route No. 2 made through their Association, the appellant before us. Permit holders wanted that their existing terminal at Mahesh should be shifted to Bag Khal for various facilities of service made in their representation. It is on these representations that the R. T. A. moved and adopted the aforesaid resolution and invited representations under section 47 of the Act.;