G.M.LODHA, J. - (1.) THE Rajasthan State Road Transport Corporation (hereinafter 'the Corporation'), has filed this writ petition against the decision of the State Transport Appellate Tribunal, Jaipur with the following prayer: that this Hon'ble Court may kindly be pleased to accept this writ petition, call for the record of the case and issue a writ of certiorari or any other appropriate writ, direction or order in the nature thereof quashing and setting aside the impugned order of the Tribunal dated the 5th September 1980 (Annexure 3) and the said order be quashed and set aside and the resolution of the Regional Transport Authority dated the 8th May, 1980 pronounced on May 26, 1980 be restored and grant of the permit to the petitioner be maintained, and the renewal of the permit of the respondent No. 3 be refused. Issue any other appropriate writ, direction, or order in the nature thereof granting suitable relief in the facts and circumstances of the case.
(2.) IT would be necessary to first mention the facts giving rise to this writ petition. The non -petitioner No. 3, Jhumar Mal Mahta, was holding a permit upto 18th January, 1980 for the non -temporary stage carriage permit on Bhadra -Hissar via Adampur route. Non -petitioner No. 3 filed an application for grant of renewal on September 26, 1976 Under Section 58(2) of the Motor Vehicle Act, 1939 (hereinafter called 'the Act). This application was published in the Gazette on 28th January 1980 and objections were invited within a period of 30 days. No objections were filed. A meeting of the Regional transport Authority Bikaner was convened on March 6, 1981. The agenda was notified on 9th January, 1980 and had contended the item about the consideration of this application. The Regional Transport Authority did not decide the question of renewal of the non -petitioner No. 36 of the permit on March 6, 1980, because of non clearance of passenger and goods taxes and postponed the consideration. The Corporation applied for grant of a new permit on this route on March 12, 1980. On May 8, 1980, the Regional Transport Authority considered the question of renewal application for permit of the non petitioner No. 3 and the new application of the Corporation, The Regional Transport Authority resolved on May 8, 1980, vide a resolution which was announced on May 26, 1980, that in view of the provisions of Section 58(2) and Section 47(I -H), the Corporation has to be given preference, l he renewal application was therefore, rejected and the permit was granted to the Corporation. The non -petitioner No. 3 then filed an appeal before the Tribunal the Tribunal in the appeal reversed the decision of the Regional Transport Authority. It held that it is not a proper case where the preference can be given to the Corporation. In its opinion, the Corporation was not vigilant.
(3.) THE Corporation has challenged the above judgment of the Tribunal.;