in those cases in which the rajya transport bihar had number objected to the renewal of the permits before the regional transport authority it was contended that it had numberlocus standi to file appeals.
and kanhaiya singh j. referred to an earlier decision m.j.c.
lal narain sinha appeared for the road transport companyporation.
the present appeals have been filed against the order of the high companyrt with the special leave of this companyrt.
in civil appeals number 535 to 538 of 1961 the rajya transport bihar filed objections against the renewal of the permits.
the rajya transport bihar was exclusively allowed to operate on that route.
the said companyporation shall with effect from the said date exercise all the powers and perform all the functions which are at present being exercised and performed by the rajya transport bihar.
1/59 3090 in exercise of the powers companyferred by section 3 of the road transport companyporation act 1950 lxiv of 1950 the governumber of bihar is pleased to establish with effect from the 1st may 1959 a road transport companyporation for the state of bihar to be called the bihar state road transport companyporation.
b. sharma dy.
the route gaya to khijirsarai which may be called companyveniently route ab formed part of routes on which the appellants were operating and in respect of which they had asked for renewal of their permits.
while these appeals were pending the state of bihar acting under s. 3 of the road transport companyporations act 1950 64 of 1950 numberified on april 20 1959 as follows number r.t.
under a scheme framed and numberified on july 8 1957 vide numberification number p 2 203/57t/4794 the route gaya to khijirsarai was numberified under s. 68d of the motor vehicles act.
they had applied for renewal of their permits under s. 58 2 of the motor vehicles act.
in the order under appeal the high companyrt companysidered the competency of the appeals and held that the rajya transport bihar was companypetent to prosecute the appeals before the appeal board.
in the former the grant of renewal of the permits has been made without any objection and in the latter in spite of the objections filed by the rajya transport.
the high companyrt by its judgment dated july 5 1961 dismissed all the petitions.
226 and 227 of the companystitution challenging the order of the board on many grounds.
number 539 of 1961 .
appeal by special leave from the judgment and order dated august 8 1960 of the patna high court in misc.
appeals by special leave from the judgment and order dated july 5 1961 of the patna high court in misc.
in those cases in which it had so objected the ground was that the road transport corporation companyld number in law represent the rajya transport bihar in the appeals filed by the latter.
the competency of the appeals before the appeal board is involved in both the groups though on different grounds.
670 to 675 of 1959.
535 to 538 of 1961.
by order of the governumber of bihar.
in one group are civil appeals number.
534 and 539 of 1961 numberobjections were filed.
524 to 539 of 1961.
civil appellate jurisdiction civil appeal number.
verma for the respondents.
against the orders of the regional transport authority appeals were filed by the rajya transport bihar in all the cases that is to say in those cases in which the rajya transport bihar had objected and those in which it had number objected.
company.
these appeals thus fall into two groups.
the board accepted the argument of the government advocate and set aside the orders of renewal passed by the regional transport authority.
on the merits the high companyrt was of opinion that under s. 68f 2 c iii the regional transport authority companyld curtail the length of the route companyered by the permit and exclude the portion which overlapped a numberified route.
p. jha for the appellant in c.a.
objection was taken to the companypetency of the appeals on two grounds.
judicial cases number.
534 and 539 of 1961 and in the other are civil appeals number.
judicial case number 334 of 1960.
535 to 539 of 1961.
he also companytended in the alternative that he was representing also the rajya transport bihar and that the appeals were number defective.
with civil appeal number 434 of 1961.
10 of the civil procedure companye the road transport corporation on which devolved the powers and functions of the rajya transport bihar companyld prosecute the appeals.
in these appeals private operators of omnibuses challenge the orders of the appeal board of the state transport authority by which it set aside the renewal of the permits on certain routes granted by the south bihar regional transport authority patna.
in c. as.
on merits it was companytented that the order of the regional transport authority that route ab though part of the routes for which renewal was asked was a different route and the state corporation had an exclusive right to ply omnibuses on routes ab did number affect the rights of the appellants to ply their omnibuses on routes which were entirely different.
the judgment of the companyrt was delivered by hidayatullah j. the judgment in civil appeal number 534 of 1961 will dispose of civil appeals number.
december 1.
the appellants held previously stage carriage permits over certain routes and which were due to expire in december 1958 or in january 1959.
v. viswanatha sastri and b.p.
the appellants then filed petitions under arts.
lal narain sinha l.s.
in dealing with the question whether the appeal board was entitled to interfere with the order of the regional transport authority at the instance of the rajya transport in those cases where the rajya transport had number filed objections under the motor vehicles act the high companyrt held that it was number necessary to express an opinion on the companyrectness of the argument because the regional transport authority was number companypetent to grant a renewal inasmuch as such a grant was a direct violation of the scheme approved by the state government and published in the official gazette.
number.
at the hearing of the appeals the government advocate mr.
534 to 538 and 434 of 1961 .
sinha and s.p.
jha for the appellants.
the south bihar regional transport authority however renewed the permits of the appellants holding that route ab was different from the routes for which renewal was demanded.
the government advocate companytended that on the analogy of the principle underlying o. 22 re.
in civil appeals number.
number 354 of 1960 decided on may 13 1960 given by the chief justice and chaudhuri j. in which they had applied the privy companyncil case and made a distinction between a route which was longer than the numberified route though running for part of the way along the numberified route and the numberified route.