Judgment

RAY, J.; - This is an appeal by special leave from the judgment dated 20 November, 1970 of the Bombay High Court directing the Regional Transport Authority to dispose of the applications for stage carriage permits, pending before it without any further delay and without any further adjournment at the instance of any party whatsoever.

2. The principal questions for consideration in this appeal are; first, whether the Regional Transport Authority has power to call for further or additional information from the applicants for the grant of permit at the time of consideration of the applications for the grant of permits under the Motor Vehicles Act, 1939 hereinafter referred to as the Act and secondly whether the Regional Transport Authority will consider the qualifications of the applicants as on the date of the consideration of the applications for grant of permits.

3. The respondents are private operators. They held substantive permits on various routes. They applied for renewal of permits which were to expire on different dates between 28 February, 1966 and 30 September,1966. The appellant applied for grant of substantive permits in lieu of the renewal applications made by the respondents.

4. 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 Constitution 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 complete information in respect of columns 10, 14 and 15 on the prescribed form of their application for grant of permit. 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 Appellant Committee had no jurisdiction to give the State Transport Corporation a fresh opportunity to furnish additional particulars., An appeal was preferred from the judgment of the High Court to this Court being Civil Appeal No. 1297 of 1968: Maharashtra State Road Transport Corporation v. Babu. Goverdhan Regular Motor Service, (1970) 2 SCR 319. This Court on 10 September, 1969 held that the Regional Transport Authority would be acting with in its jurisdiction in calling upon an applicant to give more complete details and to give an opportunity to the other parties to state their objections.

5. During the pendency of the appeal in the case of Babu Goverdhan Regular Motor Service, (1970) 2 SCR 319, the reopondents except respondent No. 4 moved the High Court by Writ Petitions in the year 1969 for hearing of their applications for grant of permit. Those Writ Petitions were disposed of by the High Court by consent order dated 20 March, 1969 by which it was agreed that till the decision of this Court 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 consideration.

6. After the decision of this Court in Babu Goverdhan Regular Motor Service, (1970) 2 SCR 319 the Regional Transport Authority held a meeting on 28 October. 1969 to consider the applications. The appellant at that meeting sought permission to file additional information in the light of the above decision of this Court. The Regional Transport Authority adjourned the proceeding till 27 November, 1969. At the meeting held on 27 November, 1969 respondent No. 6 contended that the Regional Transport Authority must, before proceeding to consider that application, fix the limit of the number of permits under Section 47 (3) of the Act. This step was to be taken before consideration of the applications for the grant of permit. The Regional Transport Authority postponed the consideration of the applications and fixed