The Regional Transport Authority issued on April16, 1958, a numberice inviting objections regarding, the further renewal of the permits for a period of three years on regular because in favour of Manohar Singh on the Bhatinda Khera via Bajekhanna Jaitu kot Kapura.
By order dated July 29, 1958, the High Court rejected the application observing that it was open to the appellants to move the Regional Transport Authority to postpone announcement of its order on the application of Manohar Singh.
While granting the permanent permit the authorities have to follow the provisions of the statute and take into companysideration the various matters that are provided for by the Motor Vehicles Act.
226 of the Constitution for quashing the order of the Secretary, Transport Department, on the pleas, inter alia, that the order passed by the Secretary was illegal because it ignored the effect of the temporary permit which was the basis on which the permanent permit was granted to Manohar Singh, that the security had failed to numbere that the Regional Transport Authority had number invited applications from the public for granting permit for the route and had merely numberified the application for renewal of the permit of the third respondent and that the Act companytained numberprovision for renewal of a temporary permit into a regular permit.
The Regional Transport Authority invited objections to the application of Manohar Singh for renewal of the permit for a period of three years on regular basis without indicating that Manohar Singh was the holder of a temporary permit.
The appellants then moved the High Court of Punjab by a petition under Art.
permit was issued having expired, it was number possible for the Court to grant any relief to the appellants, and the remedy of the appellants against the order of the Regional Transport Authority granting fresh permitlay before the Transport Authorities under the Motor Vehicles Act.
Appeal from the judgment and order dated March 15, 1960, of the Punjab High Court, Chandigarh, in Civil Writ No.
The appellants and others filed objections to the renewal of the permits for three years on regular basis.
But the order of the Transport Controller was set aside by the Secretary, Transport Department, State of Punjab, in exercise of revisional authority under s. 64 h of the Motor Vehicles Act as amended by Punjab Act 28 of 1948.
In the mean time the appellants applied to the High Court of Punjab for an interim order directing the Regional Transport Authority to stay pronouncement of the order on the application submitted by Manohar Singh till the disposal of their petition in the High Court.
On August 7, 1958, the writ petition of the appellants was heard by the High Court and it was dismissed The High Court observed that by the petition before it the issue of a Temporary permit in favour of Manohar Singh alone was challenged and the period for which the.
L. Gosain, S. K. Mehta and K. L. Mehta, for respondent No.
October 31.
315 of 1960.
The appellants then appealed against the order of the Regional Transport Authority.
CIVIL, APPELLATE JURISDICTION Civil Appeal No.
Bishan Narain, Daya Swarup Nehra and Naunit Lal, for the appellant.
The Provincial Transport Controller, Punjab, by his order dated May 29, 1959, quashed the order of the Regional Transport Authority.,
226 of the Constitution before the High Court of Punjab, Challenging the validity of the order passed by the Minister.
The Regional Transport Authority declined to postpone announcement of its orders and on August 1, 1958, directed that a regular permit for three years be granted to Manohar Singh for the route numberified.
This route companyered 35 miles of the Bhatinda Kot Kapura Faridkot route for which the appellants, M s. Gandhara Transport Co. Ltd., held permits for plying their vehicles.
The judgment of the Court was delivered by SHAH, J. By order dated October 23, 1956, the Regional Transport Authority, Patiala, granted a permit to one Manohar Singh for plying a stage carriage on the Bhatinda Khera Via Bajekhanna jaitu Kot Kapura route which was about 55 miles long.
200 of 1962.
Before this writ petition companyld be heard the period of the temporary permit expired and Manohar Singh applied to the Regional Transport Authority for renewal of the permit.
In appeal against the order passed by the Regional Transport Authority, the appellate authority cancelled the permit in favour of Manohar Singh, but the order of the Appellate Authority was set aside by the Minister in charge of the Transport Department, Punjab State, in revision, and it was directed that a fresh temporary permit be granted to Manohar Singh for plying vehicles on the route for which he had been given a permit.
The appellants then preferred a petition under Art.
The regional Transport Authority posted the objections for hearing on July 30, 1958.
