SARJU BALA KUSHIARY Vs. UNDER SECRETARY TO GOVT OF BIHAR

JUDGEMENT

(1.) Srimati Sarju Bala Kushiary has filed this application challenging the validity of the orders of the Appeal Board dated the 5th June. 1969 contained in Annexure "3" and that of the Government dated the 24th July, 1969 (Annexure '5') under Articles 226 and 227 of the Constitution of India.

(2.) The Chota Nagpur Regional Transport Authority (hereinafter called as 'R. T. A.') advertised for a vacancy for the route Hazaribagh-Itkhori via Padma covering a distance of thirty miles (partly fair-weather route) and invited applications for the grant of a stage carriage permit for the same. Three persons including the petitioner and Leyakat Hus-sain Ansari (respondent No. 4) applied for the grant of the permit in question , and their applications were duly published in the Bihar Gazette inviting objections, if any. The Bihar State Road Transport Corporation (respondent No. 5) hereinafter referred to as 'the Corporation', filed an objection on the ground that 18 miles of the route from Hazaribagh to Padma is notified. The petitioner claimed the permit on the ground that she had a permit on this route which she had plied, but she was displaced due to nationalisation since the 27th August, 1960. She further offered a 1961 model bus, of which she was in possession. Respondent No. 4 claimed the permit on the ground that he was displaced by 705 miles and of fered a 1969 model bus.

(3.) The R. T. A. at its meeting held on the 27th January 1969, overruled the objection of the Corporation and resolved that the permit for the route be granted to the petitioner for a period of three years on condition that she would produce valid papers of a 1961 model bus within four months from the date of the order. The petitioners' claim was found superior to that of respondent No. 4 whose permit for the route Hazaribagh-Katkamssandi was cancelled by the R. T. A. at its meeting dated the 4/5th January 1969 for non-plying of the service. A copy of the order of the R. T. A. is Annexure '1'. Against the orders of the R. T. A. two appeals were preferred before the Appeal Board -- one by the Corporation and the other by respondent No. 4. The petitioner filed a petition before the Appeal Board by way of objection to the appeal of Respondent No. 4. A copy of the said petition is Annexure '2'. The Appeal Board disposed of the appeal filed by the Corporation by ordering that the permit holder would not be allowed to pick up or drop down any passenger so long he plied taxi on notified portion of the route from Hazari-bagh to Padma. We have been informed that the Corporation has filed a revision against the order of the Appeal Board. Coming to the rival claimants, the Appeal Board passed the following order:--