S S B M P SAHAKARI SAMITI Vs. DARBHANGA R T A

JUDGEMENT

(1.) The petitioners have questioned the power of the Regional Transport Authority (hereinafter referred to as 'the Authority') to entertain an application, filed suo motu, for grant of stage carriage permit, without inviting applications from others for grant of permit, on the route in question.

(2.) The Darbhanga Regional Transport Authority published a notice, in an issue of a daily newspaper saying that any objection filed within 30 days, against the application filed by Shri Krit Narain Jha, respondent 3 (hereinafter referred to as 'the respondent') for grant for permit on Lokha, Samastipur Via Khutaona, Madhubani, Darbhanga, Laheriasarai shall be considered by the Authority. According to the petitioners' as the application was filed suo motu, for grant of a new permit, it was obligatory on the part of the Authority to issue an advertisement, inviting applications in respect of the grant of a permit on the route in question, instead of only inviting objection to the application filed on behalf of the aforesaid respondent.

(3.) Chapter IV of the Motor Vehicles Act (hereinafter referred to as 'the Act') contains different provisions regarding grant of permit by the Authority and also prescribes the procedure for the same. Section 47 of the Act prescribes the procedure to be followed by the Authority while considering an application for stage carriage permit. The relevant part of sub-section (1) of S.47 of the Act is as follows :