Manash Nath Roy, J. - (1.) The appellant No. 1, is a Mini Bus Operators Coordination Committee and is a Registered Association (hereinafter referred to as the said Association), in respect of mini buses plying in Calcutta, Howrah and 24-Parganas regions having their office at 63/3B, Sarat Bose Road, Calcutta-25. Appellant Nos. 2, 3, 4 and 5 are their President, General Secretary, Joint Secretary and Treasurer respectively.
(2.) It has been stated that the object of the said Association is to (a) encourage and develop the mini bus and other automobile services in West Bengal and (b) to make provisions for their members, of a place of meeting and a centre of information and advice, on matters pertaining to motor and mini bus services. It has been stated that in terms of such objects, the said Association was at all material times required and still the same is required to devote their attention as far as may be possible and practicable, inter alia, to the following : (i) Watch carefully the local administration of all laws and regulations affecting use of motor vehicles and to take any necessary action in these matters ; (ii) afford members information and advice ; (iii) prepare time and fare tables for different routes ; (iv) avoid all competition amongst members and services having the same object as this ; (v) negotiate with the local authorities on all road and traffic matters ; (vi) protect and encourage motor services ; (vii) provide advice and as instance in all matters pertaining to motor services.
(3.) The said Association has stated that on or about 4th August, 1986, the Regional Transport Authority, Calcutta Region, Respondent No. 3 (hereinafter referred to as the said R.T.A.), issued a notification in the daily issues of Ananda Bazrr Patrika, wherefrom it appeared that the Secretary of the same, invited applications for contract carriage permits for different routes in Howrah, Calcutta and 24-Parganas, and it was indicated that in all 123 permits would be issued in respect of different routes for which vacancies have been declared in Calcutta, Howrah and 24-Parganas. It has been indicated that while issuing such notification for inviting applications for different routes, the Secretary of the said R.T.A. did not invite any application for the following routes 101,102,103,104,105,109, 111,112,113,114,116,118,119, 120, 123, 124, 131, 133, 134, 135, 136, 137, 138, 152, 158, 163, 164, 165, 169,170, 171, 172, 174, 175, 177, 179 and 181 nor did or anybody connected with the said R. T. A. announced any vacancies for the routes as mentioned above or for introduction of any bye-ruote/bye-routes.;