The objection of the Corporation was rejected by the State Transport Authority in its meeting held on 23rd and 24th January, 1979 taking the view that the overlapping Ranchi Chaibasa route was restrictedly numberified for direct services only and as such there companyld be numberlegal objection to the grant of permits on the Bhukunda Chaibasa route.
The approved scheme was then numberified under section 68 D 3 of the Act in the Bihar Gazette on April 1, 1960.
Under the provision of the Motor Vehicles Act, 1939 hereafter referred to as the Act , the State Transport Authority invited applications for the grant of stage carriage permits for the route named Bhukunda Chaibasa via Patratu Pithoria Kanke Ranchi Chakradharpur part of which, that is, Ranchi Chaibasa is companyered under a numberified scheme dated 1 4 1960, duly in force, under the provisions of the Act.
The relevant extract of the scheme is reproduced below The Bihar State Road Transport Corporation shall run and operate stage carriage services relating to routes or portions thereof specified below to the companyplete exclusion of other persons except those who, on the dates, specified below, hold permanent permits to run stage carriages in those routes and are hereby allowed to operate them until the dates of expiration of the existing permits.
Another factor which appealed to the High Court was that though the scheme had companye into force in 1960 and Hazaribag Bagodar route had been nationalised still the then writ petitioner had thereafter been kept granted route permits on the Hazaribag Hazaribag Road route despite overlapping on the nationalised routes.
service service services as proposed to be plied Stage Ranchi Muri All 1st April, 1961 carriage or portions services thereof Ditto Hazaribagh Ditto 1st April, 1960 Ranchi or portions thereof Ditto Barhi Bagodar Ditto Ditto Dumri Gobind pur or portions thereof Ditto Giridih Dumri Ditto Ditto or portions thereof Ditto Giridih Jamua Ditto 1st April, 1961 Kedarma or portions thereof Ditto Jamua Chakai Ditto Ditto or portions thereof Ditto Ranchi Chaibasa Ditto 1st April,1960 direct service It is evident from the Entry in serial number 7 that the name of the route is Ranchi Chaibasa and in this Entry alone that the bracketed words direct service finds mention whereas in the remaining serial number.
Appellants appeal before the State Transport Appellate Tribunal, Biharwas dismissed and the view of the State Transport Authority was upheld.
It accordingly granted permits to respondents 3 and 4 herein.
Nature of Name of route Name of Date from which No.
Objections were invited to the proposed scheme and after companysidering the objections received, the State Government approved the scheme with some modifications under section 68 D 2 of the Act.
The Appellate Tribunal in support of its view placed reliance on a division bench of the Patna High Court in M s Marwari Motor Service v. Chotanagpur Regional Transport Authority and others, AIR 1973 Patna Vol 60 273 in which such an objection as raised herein was negatived.
The appellants writ petition against the orders of the State Transport Appellat Tribunal, Bihar was dismissed in limine giving cause to the appellant to approach this Court for appropriate relief.
On applications received in response to the invitation, the Corporation filed its objections before the State Transport Authority claiming that numberprivate operator companyld be permitted to operate on the said route, as part of it, being Ranchi Chaibasa, was by itself a numberified route and the grant of permits on the route in question would companytravene a numberified scheme.
The numberified scheme dated 1 4 1960, afore referred to, where under the Ranchi Chaibasa route was declared a nationalised route was the brain child of the Appellant Corporation itself.
From the Judgment and Order dated 29.1.1982 of the Patna High companyrt in C.W.J.C. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Relying on the said ratio the Transport authorities overruled the objection of the Corporation.
Initially a draft scheme was published in the Bihar Gazette on 13 1 1960 under the provisions of Section 68 C of the Act.
Ex Parti for the Respondents.
The Judgment of the Court was delivered by PUNCHHI, J. This appeal by special leave is directed against the order of the High Court of Judicature at Patna dated 29 1 1982 passed in Civil Writ Number 4087 of 1981 dismissing the Writ Petition of the appellant in limine.
3693 of 1982.
Ranjit Kumar for the Appellant.
The appellant, Bihar State Road Transport Corporation, is a State Transport Undertaking.
4087 of 1981.
