K.SUBBA RAO, J.

(1) THIS is a petition under Art. 32 of the Constitution to quash the order of the first respondent dated 28/04/1960, and the scheme dated 20/04/1960, and to direct the first respondent to deal with the application of the petitioner for renewal of its permit in accordance with law.

(2) THE petitioner was doing business of motor transport in Bombay State for over 26 years. It had four permanent stage carriage permits granted some years ago and renewed from time to time to ply buses on the following routes:

(I) Yeotmal-Umerkhed . . 2 return trips.

(II) Yeotmal-Pusad. . . 4 return trips.

The term of the latest permits expired on 31/12/1959. About four months prior to the expiry of the permits the petitioner applied on 24/08/1959, for the renewal of the permits under S. 58(2) of the Motor Vehicles Act, 1939 (Act IV of 1939) (hereinafter called the Act). On 29/10/1959, the State Transport Department published its proposed scheme for the nationalization of the road transport services in respect of an area which included the routes of the petitioner. On 9/11/1959, the petitioner wrote a letter to the secretary, the Regional Transport Authority, Nagpur, asking him why its application for renewal of the stage carriage permits had not been published as required by S. 57 of the Act. It also expressed its apprehension that the application was not published by the Regional Transport Authority with a view to assist the State Transport Department in ousting it from the said routes and that the Authority was creating a situation in order to force the petitioner to accept temporary permits under S. 62(d) of the Act. The secretary, the Regional Transport Authority, by his letter dated 11/11/1959, replied to the effect that the application for renewal had been published on 8/11/1959, and that the said application would be considered before the expiry date and that no question of issuing temporary permits would arise. On 19/11/1959, the Assistant Manager of the State Transport Department on behalf of the State Transport Department filed applications before the Regional Transport Authority for issue of permits to it in respect of the said two routes among others. It was mentioned therein that as per the notification published in the Bombay government Gazette dated 29/10/1959, the Provincial Transport Services proposed to take over the aforesaid routes from 1/01/1960. The Provincial Transport Services also filed objections against the renewal of the permits in favour of the petitioner. On 10/12/1959, the said applications were published in the Gazette and it was notified therein that representations, if any, should be submitted on or before 15/12/1959, and that the said objections along with the applications for permits would be considered in a meeting to be held by the Regional Transport Authority in the month of December, 1959, at Nagpur or at a later date which may be notified in due course. On 21/12/1959, the secretary of the Regional Transport Authority intimated to the petitioner that in the meeting of the Regional Transport Authority scheduled to be held on 31/12/1959, it would not be possible to consider its applications for renewal due to "heavy agenda". It was also suggested to it to apply for the grant of temporary permits pending renewal in good time so that they could be issued before the due date. The petitioner on the same date replied to that letter wherein it pointed out that "the heavy agenda mentioned in your letter is, we hold, a design to cover your attempt to advance the cause of the Provincial Transport Services, (U.G.O.), Nagpur". Without prejudice to its rights the petitioner applied for temporary permits as directed by the Authority. On 29/12/1959, temporary permits were issued for one month from 1/01/1960, and thereafter they were extended for another month and made available upto 31/03/1960. The next meeting of the Regional Transport Authority scheduled to be held on 5/02/1960, was a