- (1.) THIS is a writ application under Articles 226 and 227 of the Constitution of India in a matter arising under the Indian Motor Vehicles Act.
(2.) THE facts leading to this application, which are not in dispute between the parties, are as follows:-
(3.) IN the States of Rajasthan and Ajmer, there is an inter-State route about 34 miles in length and it is known as Shahpura-Kekri route. It passes via Matajika-Khera and Kadera. According to a reciprocal transport arrangement between these two States one bus from the State of Rajasthan is permitted on this route. The regional Transport Authority, Udaipur invited applications for the grant of stage carriage permit on this route, Thereupon, the petitioner Messrs. J. G. Singh Transport Shahpura and ten others applied for the grant 'of a permit. On 18th of march 1955, the Regional Transport Authority rejected all other applications except that of the petitioner. It was ordered that he be granted a permit to ply one bus on the said route for three years from the date of issue. Thereafter three applicants, who were not granted permits, "namely Messrs. Rajasthan Motors bhim, Sri Mangilal, Kishangarh and Sri Bulchand Thanwardas Shahpura, who are respondents Nos. 3, 4 and 5 in this Court filed appeals before the Appellate authority. The Appellate Authority allowed all the three appeals of the three respondents and they were permitted to ply one bus of a model not earlier than of 1954. It was further ordered that all the operators including present petitioner would ply their buses in rotation as per timings to be fixed by the Regional transport Authority and subject to counter-signature on the permit by the Ajmer authorities. It is this order dated the 23rd December 1955 whose validity is assailed by the petitioner before us.;