M.C.Jain, J. - (1.) The petitioner by this writ petition under Article 226 of the Constitution of India seeks to quash the order of the State Transport Appellate Tribunal, Rajasthan, Jaipur (hereinafter referred to as "the STAT") dated 31-5-1979 passed in revision No. 39/79 --Amraram v. The Regional Transport Authority, Jodhpur, and others, whereby four temporary permits granted to the petitioner and two others were cancelled.
(2.) In order to appreciate the controversy and points in issue, which need determination in the present writ petition, it is necessary to take into consideration some material facts.
(3.) There is a Nagaur-Khiyala nearly 40 miles long 'C' class route in the Jodhpur region. The route was opened by the Regional Transport Authority, Jodhpur (hereinafter referred to as "the RTA") vide its resolution No, 79 dated 29-31957 and it granted two stage carriage permits to provide one daily return service. The RTA thereafter revised the scope on the said route from 2:1 to 4:2 vide its order dated 20-12-1968 after taking into consideration the factors mentioned under Section 47 (1) of the Motor Vehicles Act, 1939 (hereinafter referred to as "the Act"). On a revision by the existing operator, the scope was reduced to 2:2. There was a regular demand for the increase in the number of daily trips and the number of permits. The RTA directed the District Transport Officer, Nagaur, to conduct a survey on the said route and to submit his report and the District Transport Officer, Nagaur, after survey submitted his report recommending the increase in the number of daily return services as also in the increase of number of permits. After taking into account the relevant consideration, the RTA by its resolution dated 3-3-1979 increased the scope to six vehicles and four return services vide Annexure 5. On 9-3-1979, the present petitioner submitted an application for the grant of temporary stage carriage permit on the aforesaid route, stating in para four of the application that there has been immense increase in the volume of traffic and inadequate number of services are operating on the said route creating a particular temporary need justifying for the grant of immediate temporary permits. It was also stated that the passengers are left behind in huge numbers and after providing only two return services there is left no other alternative arrangements for the passengers to have any service. The route passes through rural area and there is no other rail, road co-ordination. It was also stated that the RTA has increased the scope to six permits and four daily return services. There has been a regular demand for increase in daily trips from M.L.A., Collector, Nagaur and various other factors. Hence, a particular temporary need clearly exists on the route. There were four applications by three applicants for the grant of temporary permits. On 22-3-1979 the RTA ordered for the grant of temporary permits for four months to the applicant on the circulation note submitted for orders by the Secretary, Regional Transport, Authority, Jodhpur, vide Annexure 7. The permit was issued to the petitioner on 26-3-1979 for a period of four months (Annexure 9). Amraram, respondent No. 3, preferred a revision petition No. 38 of 1979 against the resolution of the RTA dated 3-3-1979 revising the scope on the route and he also preferred revision No. 39 of 1979 against the order of the RTA dated 22-3-1979 granting temporary permits. The STAT in revision No. 38 of 1979 reduced the scope to five permits and four return services vide its order dated 24th May, 1979, (Annexure 11) and by its order dated 31-5-1979 in revision No. 39 of 1979 cancelled the temporary permits and remanded the matter to the RTA to consider the matter afresh. It is in these circumstances the petitioner has approached this Court to seek a remedy under its extraordinary jurisdiction, quashing the order of the STAT.;