SAMARTH TRANSPORT CO PRIVATE LIMITED Vs. REGIONAL TRANSPORT AUTHORITY NAGPUR

JUDGEMENT

(1.) This is a petition under Art. 32 of the Constitution to quash the order of the first respondent dated April 28, 1960, and the scheme dated April 20, 1960, and to direct the first respondent to deal with the application of the petitioner for renewal of its permit in accordance with law.

(2.) The petitioner was doing business of motor transport in Bombay State for over 20 years. It had four permanent stage carriage permits granted some years ago and renewed from time to time to ply buses on the following routes:

(3.) The main contention of learned counsel, Mr. A .V. Viswanatha Sastri, for the petitioner, is that the Regional Transport Authority was actuated by mala fides in the disposal of the applications for renewal of the permits, and that though under the provisions of the Act it had no alternative but to renew the permits of the petitioner it adjourned the matter from time to time with an evil design to enable the Govt. to approve the scheme. In that situation, he contends, the proper course is to set aside the order of the Regional Transport Authority and direct it to dispose of the petitioner's applications for renewal of permits as on the date when they are filed.