Prodyot Kumar Banerjee, J. - (1.) These appeals are at the instant of the Southern Bus Syndicate which is a registered Association of operators of stage-carriage buses in Route No. 89 between Diamond Harbour and Kakdwip and Route No. 89A between Diamond Harbour and Raidighi. There are other petitioners who arc appellant Nos. 2 to 6 before us. They were plying stage-carriage buses under permanent stage-carriage permits issued by the Regional Transport Authority, Calcutta Region, respondent No. 2.
(2.) The petitioners in the Rule which was discharged by a single Judge, contended, inter alia, that the respondent No. 2 in utter violation of the Motor Vehicles Act and the Rules made thereunder granted various permits from time to time for buses. For the present, in the writ application out of which these appeals arise they challenge the advertisement dated the 28th August, 1974 by which it is alleged that the applications were invited for the grant of additional stage carriage-permits in respect of the Route Nos. 89 and 89A as also for the additional permits, in Route Nos. 92 and 92A between Bongaon to Boyra and Bongaon to Sindrighat. This second item of the advertisement is being challenged in Civil Rule No. 6399(W) of 1974 and F.M.A. 20 of 1979 which was heard analogously with F.M.A. 21 of 1979.
(3.) The Hon'ble Judge hearing the matter was pleased to hold, inter alia, that the R, T. A. has already fixed the limit of the stage-carriages under Section 47(3) of the Motor Vehicles Act by the resolution dated the 23rd July, 1974. It was stated that the notification under section 57(2) was thereafter published on the 28th August, 1974, whereby the applications were invited for the grant of stage-carriage permits for fifteen additional vehicles in the said route. On the 23rd September, 1974, it appears that the resolution has been passed by the R. T. A. that the additional fifteen stage-carriage permits will be issued on the said route. It does not appear from the judgment of the Hon'ble Judge that the order of 23.9.74 was ever placed before the Hon'ble Judge. According to the Hon'ble Judge there was compliance with section 47(3) of the Act.;