- (1.) Punjab Roadways, Ludhiana. was holding one temporary stage carriage permit with one return trip on each of the two routes, Ludhiana-Patiala via Ahmedagarh and Ludhiana Patiala via Khanna, Nandpur Kesho. They applied for grant of regular permits on those routes. Regional Transport' Authority, Patiala gave public notice on 22nd December, 1975 about it and also asked the persons to put in applications who had a claim thereon or wanted to ply on those routes. A copy of the same is Annexure P-1. A reading of it shows that it was clearly mentioned that there was one permit and one return trip on each of the two routes.
(2.) In response to the notice, Patiala Bus Highways (P) Ltd., Patiala, Punjab Roadways, Ludhiana and Pepsu Road Transport Corporation, Patiala put in their applications for grant of the adverted permits. Their applications were published on 15th May, 1976 under S.57(3) of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') for inviting objections. Copy of the notice is Annexure P-2 : Ultimately, the State Transport Commissioner considered the applications on 20th May, 1977 and by order Annexure R.3 granted one permit with one return trip on both the routes to Punjab Roadways, Ludhiana and in addition one permit with one return trip to Pepsu Road Transport Corporation, Patiala on Ludhiana-Patiala via Ahmedgarh route and one permit with one return trip to Patiala Bus Highways (P) Ltd. on Ludhiana-Patiala via Khanna, Nandpur Kesho. The resultant effect was that on both the routes two permits with two return trips were granted.
(3.) Here, it would be important to notice that M/s. Patiala Bus (Sirhind) Pvt. Ltd., who is the writ petitioner in this Court, neither applied for grant of any of the two permits in pursuance of notice P. 1 nor raised any objection to notice P. 2. However, it filed an appeal before the State Transport Appellate Tribunal, Punjab, under S.64 of the Act against the order granting permits which was rejected by order Annexure P-4 dated 3rd October, 1978 on the ground that the same was not competent as the appellant had neither filed any application for grant of permit nor filed objections to the grant of permits. A prayer was made before the Tribunal for treating the appeal as revision under S.64-A of the Act which prayer was also declined. Feeling aggrieved this petition under Arts. 226/227 of the Constitution of India has been filed.;