A provisional order fixing the timings of a bus service can be modified by the Regional Transport Authority.

LALIT MOHAN SHARMA, J.

1. The petitioner, who is an operator of a bus service on the route Kandi-Garhwa in the district of Palamau, has by this ap-plication challenged the order as con-tained in Annex.-5 passed by the State Transport Appellate Tribunal, respondent No. 3, making modifications in the timings fixed by the respondent No. 1 Regional Transport Authority for the running of his bus. Admittedly, respondent No. 4 was running a service on the route Dalton-ganj-Kandi from before and certain por-tions of the two routes are common. The permit to the petitioner was granted for a period of 5 years on the 12th October, 1971, a copy whereof is Annex.-2. Ac-cording to the provisional timing, indi-cated therein, the bus had to leave Garhwa at 8.10 A. M. and Kandi at 4 P. M. Subsequently, there was another change whereby the petitioner had to start his bus from Kandi at 1.55 P. M. On the 20th April, 1972, another order was passed re-garding the timetable, a certified copy whereof is Annex.-3 to the writ applica-tion. The interpretation of this order is under controversy. The order states that the present petitioner Muneshwar Pandey was demanding revised timings on the ground that the effective timetable was not economical. The petitioner prayed that he should be permitted to leave Kandi at 6.50 A. M. and Garhwa 4.40 P. M. It is further mentioned in the order that it was not possible to permit the petitioner to leave at 6.50 A. M, from Kandi as there would be a clash in the timings given to other services. So far as Garhwa was concerned, it was said that the request could be allowed on provi-sional basis. The matter was thereafter closed by the following sentence:-

"The following revised timings may perhaps be allotted to Sri Muneshwar Pandey provisionally and objections in-vited. Kandi Dep. 7.45 A. M.

Garhwa Dep. 4.40 P. M."

A fresh order was passed on the 25th of November, 1974, a certified copy whereof has been annexed as Annex.-4 to the writ application. This order is a longer one and mentions points of view of the present petitioner Muneshwar Pandey and the present respondent No. 4 Jugal Kishore Prasad. After considering the equities, it was stated, that the timing of the petitioners bus was being fixed. The earlier portion of the order was by the Secretary in the form of recommendation. Thereafter an operative order was passed by the Chairman of the authority Mr. S. K. Ghosh who stated that the order was be-ing passed after perusing the report dated the 25th November, 1974, Of the Deputy Transport Commissioner. It was stated as follows:-

"......... The timing allowed to Shri Muneshwar Pandey was provisional and he had been operating the service subject to the condition that the timing was not finally approved. The revised timing proposed by the Dy. Transport Commissioner after hearing objection to the provisional timing is allowed."

2. The respondent No. 4 moved the respondent No. 3 challenging the order as contained in Annex.-4. The respondent No. 3 while referring to the order im-pugned before him has mentioned the date of the order,as 26-11-1974. It appears to be an accidental slip. Actually, the order had been passed on 25-11-1974. The respondent No. 3 accepted the contention of the respondent and set aside the order dated 25-11-1974 (Annex. 4) of the Re-gional Transport Authority on the ground that the order as contained in Annex.-3 was a final order and, as such, could not be altered or modified by the Regional Trans-port Authority by Annex.-4. The timing mentioned in Annex.-3 was ac-cordingly restored. The petitioner has challenged the order passed by respon-dent No. 3 which is Annex.-5 by the pre-sent application filed under Arts. 226 and 227 of the Constitution.

3. The learned counsel for the peti-tioner appears to be right when he states that respondent No. 3 was under a mis-apprehension about the nature of the order passed on the 20th April, 1972, and he wrongly assumed that the order was a final one and wa