MANIK CHANDRA DAS Vs. THE STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) THE petitioner was granted a periodic stage carriage permit on the Mongaldai -Tangla -Bhutiachang route by the Regional Transport Authority, Tezpur, with effect from 1 -9 -1965 to 31 -8 -1968. He was running his vehicle No. ASD 1561 with a capacity of 31 seats. Thereafter the permit was extended for another period of three years ending 31 -8 -1971. Meanwhile he replaced the old vehicle by a new vehicle No. ASK 9479 of Leyland Make of 1966 model, with a seating capacity of 40, with effect from 16th June, 1971. He avers that he has invested more than Rs. 32,000/ - in his above transport business and he is depending on the same for his livelihood. The above permit was finally extended for three years up to 31st August, 1974 on the decision of the State Transport Appellate Tribunal. That decision was not challenged by any one in any appropriate proceeding and we will, therefore, assume the same to be correct.

(2.) THERE are altogether 15 permit -holders of stage carriage permit for the Mongaldai -Tangla -Bhootiachag route, besides other permit -holders for neighbouring areas of other routes. Altogether, there are 35 permits for the different routes. The permit -holders are represented by different associations and the petitioner belongs to Mongaldai -Tangla -Bhootiachag Bus Association, briefly 'the Association', and the collective interests of the permit -holders in this route are looked after by this Association. The Secretary, Regional Transport Authority, Tezpur (6th respondent) sent to the Association a copy of the notification published in the Assam Gazette on 8th March, 1972, which purported to be a scheme published by the General Manager (5th respondent) of the Assam and Meghalaya State Road Transport Corporation (4th respondent). This scheme is said to be made under Section 68 -C of the Motor Vehicles Act, 1939, as amended, briefly 'the Act', for nationalisation of Mongaldai -Tangla -Bhootiachag -Orangjuli to Tangla via Dimakuchi route including the petitioner's route and specifying that "the Assam and Meghalaya State Road Transport Services would be provided by the State Government exclusively" This notification is marked as Annexure E -1 to the petition. Since this is one of the impugned notifications, it may be appropriate to quote the same here:

(3.) CAPACITY of the Buses ...