JUBILEE HIGHWAYS TRANSPORT COMPANY P Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) The petitioners are Private Limited Companies carrying on business as transport operators on different routes, some of which fall within the territorial limits of the State of Himachal Pradesh. While operating on those routes, the petitioners cover a portion of three other routes, Chobin-Dhangu, Naura- Dhangu and Kangra-Dhangu.

(2.) It appears that the State Government has under contemplation a scheme for entrusting the operation of transport services generally over all routes in Himachal Pradesh to the State Transport undertaking and pending the finalisation and enforcement of that scheme of "nationalisation" (as it appears to be popularly described) it does not grant regular permits to private operators but merely temporary permits issued from time to time. In the grant of such temporary permits it follows the procedure prescribed under Section 57 of the Motor Vehicles Act, 1939,

(3.) On April 23, 1975, the Regional Transport Authority, Dharamshala granted what were described as "ad hoc permits" to Messrs. Prem Bus Service for the three routes mentioned above. The Regional Transport Authority also invited applications for the grant of three permits on the aforesaid routes in accordance with the procedure provided in Section 57 of the Act. The petitioners and other operators sent in their applications. In its meeting held on November 29, 1975, the Regional Transport Authority granted a temporary stage carriage permit to the petitioner, Jubilee Highways Transport Company Private Limited, for the Chobin-Dhangu road, and a temporary stage carriage permit to the petitioner, New Chiniot Transport Company Private Limited, for each of the routes Kangra- Dhangu and Naura-Dhangu. All three permits were to be effective from the date of expiry of the "ad hoc permits" granted in favour of Messrs. Prem Bus Service. Those permits were expiring on December 31, 1975, January 2, 1976 and January 3, 1976, Messrs. Prem Service appealed against the grant of the three permits to the petitioners. On January 6, 1976 the State Transport Appellate Tribunal set aside the order granting the permits and directed the Regional Transport Authority to consider afresh the applications for permits. Almost simultaneously, on January 7, 1976 temporary permits in respect of the aforesaid routes were granted for a period of one month to Messrs Prem Bus Service. The petitioners appealed. The Appellate Tribunal dismissed the appeals on February 3, 1976 on the ground that the appeals were incompetent. The petitioners now pray for certiorari against the orders dated January 6, 1976 and February 3, 1976 of the Appellate Tribunal.