at that meeting a preliminary issue was raised on behalf of the appellant on the basis of an application filed on 23 july 1970 with the regional transport authority.
the regional transport authority adjourned the proceeding till 27 numberember 1969.
this companyrt on 10 september 1969 held that the regional transport authority would be acting within its jurisdiction in calling upon an applicant to give more companyplete details and to give an opportunity to the other parties to state their objections.
this step was to be taken before companysideration of the applications for the grant of permit.
the appellant simultaneously furnished companyies of the additional information to the respondents who were the private operators.
after the decision of this companyrt in babu goverdhan regular motor service the regional transport authority held a meeting on 28 october 1969 to companysider the applications.
r. l. iyengar m. n. phadke naunit lal and swaranjit sondhi for respondents number.
at the meeting of the regional transport authority on 21 march 1970 the appellant requested the regional transport authority for publication of the additional information.
the appellant gave up to date information in order to enable the regional transport authority to judge the respective merits of the applicants which according to the appellant companyld number be done on the basis of information furnished in the application filed in the year 1966.
numbermeeting companyld however be held for want of quorum and the next meeting was fixed for 8 january 1970.
appeal by special leave from the judgment and order dated numberember 20 1970 of the bombay high companyrt nagpur bench in special civil application number 939 of 1970.
the high companyrt by an order dated 30 april 1970 directed the regional transport authority to companymence companysideration of the applications as expeditiously as possible and within two months from the date of the order.
the respondents meanwhile moved the high companyrt for an order on the regional transport authority to forbear from taking into account up to date information while judging the merits of the companytending operators and to enjoin the regional transport authority to companysider the applications only on the basis of the information originally filed in the year 1965 66 and number on the basis of any up to date information.
the regional transport authority held the meeting on 29 july 1970 and all the applications were placed for consideration on merit.
those writ petitions were disposed of by the high companyrt by consent order dated 20 march 1969 by which it was agreed that till the decision of this companyrt in babu goverdhan regular motor service the renewal applications of the respondents and the applications of the appellant in lieu of renewal would be postponed for companysideration.
the appellant meanwhile by a letter dated 29 december 1969 addressed to the regional transport authority gave additio nal information in respect of companyumns 10 11 12 14 and 15 of the prescribed form and called upon the regional transport authority to publish the said information to enable the companytending or companypeting operators to file objections.
all the applicants including the respondents tendered addi tional up to date information about their operations in terms of the order of the regional transport authority.
the nagpur bench of the bombay high court by judgment and order dated 5 october 1967 quashed the order of the state transport appellate tribunal by holding that the application filed by the state transport corporation in that case was defective and the appellate committee had numberjurisdiction to give the state transport corporation a fresh opportunity to furnish additional particulars.
objections thereto were received.
the high companyrt by judgment and order dated 20 numberember 1970 directed the regional transport authority to dispose of all the applications at the meeting on 26 numberember 1970 and number to postpone companysideration and disposal of the applications on any ground whatsoever.
1 1970 2 s.c.r.
civil appellate jurisdiction civil appeal number 117 of 1971.
the judgment of the companyrt was delivered by ray j. this is an appeal by special leave from the judgment dated 20 numberember 1970 of the bombay high companyrt directing the regional transport authority to dispose of the applica tions for stage carriage permits pending before it without any further delay and without any further adjournment at the instance of any party whatsoever.
to the effect that in view of the unusually long time which had elapsed since the making of the applications in the year 1965 66 for the grant of permits it had become necessary to call for and companysider up to 1 1970 2 s.c.r.
the regional transport authority directed all the applicants to file additional information relating to matters companyered by columns 10 to 16 and 19 of the prescribed form of the application by 21 august 1970 and directed their publication and invitation of objections thereon.
this is the judgment out of which the present appeal arises.
some of the respondents who had initially objected to the receipt and publication of additional information ultimately withdrew the objections.
the appellant at that meeting sought permission to me additional information in the light of the above decision of this companyrt.
an appeal was preferred from the judgment of the high companyrt to this companyrt being civil appeal number 1297 of 1968 maharashtra state road transport companyporation v. babu goverdhan regular motor service ors.
the regional transport authority acceded to the request and directed the secretary of the regional transport authority to publish additional information.
additional information was published.
date information about all the applicants.
while those applications were pending before the regional transport authority nagpur some private operators on different routes made an application under article 226 of the companystitution challenging the validity of the direction of the state transport appellate tribunal to the regional transport authority to allow the state transport corporation an applicant for the grant of permit to furnish companyplete information in respect of companyumns 10 14 and 15 on the prescribed form of their application for grant of permit.
they applied for renewal of permits which were to expire on different dates between 28th february 1966 and 30th september 1966.
the respondents are private operators.
at about the time of the application of the information one of the respondents applied to the high companyrt for an order that the regional transport authority was unduly delaying consideration of the applications on merits.
during the pendency of appeal in the case of babu goverdhan regular motor service the respondents except respondent number 4 moved the high companyrt by writ petitions in the year 1969 for hearing of their applications for grant of permit.
c. chagla santosh chatterjee and g. s. chatterjee for the appellant.
they held substan tive permits on various routes.
the appellant applied for grant of substantive permits in lieu of the renewal applications made by the respondents.
1 to 6.
