SARJU PRASAD SINGH Vs. SOUTH BIHAR REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) In this case, the High Court, on the application of the petitioner under Article 226 of the Constitution of India, has issued a rule on the opposite party to show cause why an appropriate writ should not be issued quashing the orders of the South Bihar Regional Transport Authority passed on the 11th October, 1955, and, on the 12th November, 1955, refusing to renew the permit of the petitioner to ply stage carriage services over the routes specified, in his affidavit. The Government Advocate has shown cause on behalf of the opposite party, but has not filed any counter-affidavit in the case.

(2.) The facts leading up to the present application may shortly be stated thus:

(3.) The petitioner had been carrying on the business of stage carriage services in the district of Gaya for a very long time. He had been granted stage carriage permits in the past, and, these permits had been renewed from time to time by the Regional Transport Authority. The petitioner's last permit was to expire on the 31st December, 1953, and, therefore, he made an application, under Section 58(2) of the Motor Vehicles Act, 1939 (Act IV of 1939), hereinafter mentioned as "the Act", for renewal of his permit. On this application, a notice, as required by Section 57(3) of the Act, was published in the Bihar Gazette of November 18, 1953, inviting objection, if any, to the applications of the petitioner, and, others, for renewal of the stage carriage permits, within one month from the date of publication of the notice in the Bihar Gazette, which were to be considered at the next meeting of the South Bihar Regional Authority, Patna, to be held after thirty days. No objection or representation was filed either by the Rajya Transport or any person within the specified time.