ARSHAD HUSSAIN AND AKHLAS HUSSAIN Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) BOTH these petitions are closely connected. They raise and involve a common question of law. In fact arguments advanced are common to both these petitions. Therefore they are being decided by common order.

(2.) THE petitioners are holders of stage carriage permits, plying their carriages on Harda-Indore (Via Nemavar, Khategaon, Kannod Bijawad-Chapda with a total distance of 156 kms.) routes making two single trips daily as per timings shown by them.

(3.) THESE objections were taken up for hearing on 23.6.90 but adjourned to 7.7.90, when some other objectors raised a point contending that applications for counter signatures as made by the respondents on 18.8.88 and 3.8.88 under the provisions of old M. V. Act of 1939. Lapsed with coming into force of New M. V. Act on 1.7.89 and no longer survived for counter signatures. The point was argued at length before the R.T.A. Ujjain on 31.8.90. The case was reserved for order for which no date was fixed. Eventually on 21.11.90 the R.T.A. passed an order filed as Ann. 'A' to M.P. No. 1899/91 and Ann. 'B' to M.P. No. 874/91. By this order dt. 21.11.90 the respondent R.T.A. Ujjain, following a judgment of this Court in M.P. No. 293/89 decided on 12.12.89, held that the applications for grant of permit made under the old Act of 1939, did not survive, on coming into force of the new M.V. Act for 1988, which came into force on 1.7.89 and were not maintainable as such. It is the petitioners case, that they were not heard, not afforded any opportunity of being heard by the R.T.A. Ujjain, before passing the aforesaid order on 21.11.90, which is grossly violative of principles on natural justice.