Judgement

SHAH, J. : On January 15, 1965, the South Bihar Regional Transport Authority, Patna, ordered that a permit to ply a stage carriage on Dehri Bhabua route be granted to Arbind Kumar Singh - hereinafter called the appellant -"on production of all valid documents of 1964 model bus along with clearance certificate of transport tax within one month from the date, of order, failing which the sanction of permit in his favour would stand automatically revoked, and permit will then be given to the next deserving candidate Nand Kishore Prasad * * * *" On application submitted by Nand Kishore Prasad - who will hereinafter be referred to as the respondent - that the appellant had failed to carry out the condition relating to the grant of permit, the Chairman of the Regional Transport Authority by order dated February 20, 1965, cancelled the permit and directed that a permit be given to the respondent. The order of the Chairman was reversed in appeal by the Appellate Board. In the view of the Board "the clearance certificate" filed by the appellant showed that all the taxes due by him were paid.

2. The respondent then moved the State Government of Bihar under S. 64-A of the Motor Vehi