N.P.SINGH, J.

1. The petitioners have questioned the power of the Regional Transport Authority (hereinafter referred to as the Authority) to entertain an application, filed suo motu, for grant of stage carriage permit, without inviting applications from others for grant of permit, on the route in question.

2. The Darbhanga Regional Transport Authority published a notice, in an issue of a daily newspaper saying that any objection filed within 30 days, against the application filed by Shri Krit Narain Jha, respondent 3 (hereinafter referred to as the respondent) for grant for permit on Lokha, Samastipur Via Khutaona, Madhubani, Darbhanga, Laheriasarai shall be considered by the Authority. According to the petitioners as the application was filed suo motu, for grant of a new permit, it was obligatory on the part of the Authority to issue an advertisement, inviting applications in respect of the grant of a permit on the route in question, instead of only inviting objection to the application filed on behalf of the aforesaid respondent.

3. Chapter IV of the Motor Vehicles Act (hereinafter referred to as the Act) contains different provisions regarding grant of permit by the Authority and also prescribes the procedure for the same. Sec. 47 of the Act prescribes the procedure to be followed by the Authority while considering an application for stage carriage permit. The relevant part of sub-section (1) of S.47 of the Act is as follows :

"47. Procedure of Regional Transport Authority in considering application for stage carriage permit. -- (1) A Regional Transport Authority shall, in considering an application for a stage carriage permit, have regard to the following matters, namely :-

(a) the interests of the public generally;

(b) the advantages to the public of the service to be provided, including the saving of time likely to be effected thereby and any convenience arising from journeys not being broken; .........................."

4. The relevant parts of S.48(1) are as follows :

"48. Grant of stage carriage permits :-

(1) Subject to the provisions of S.47, a R.T.A. may, on an application made to it under S.46, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."

5 The relevant part of S.57 is as follows :

"57. Procedure in applying for an granting permits. - (1) An application for contract carriage permit or a private carriers permit may be made at any time. (2) An application for a stage carriage permit or a public carriers permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect, or, if the R.T.A. appoints dates for the receipts of such applications, on such dates.

(3) On receipt of an application for stage carriage permit or a public carriers permit, the R.T.A. shall make the application available for inspection at the office of the Authority and shall publish the application or the substance thereof in the prescribed manner together with a notice of the date before which representations in connection therewith may be submitted and the date not being less than thirty days from such publication, on which, and the time and place at which, the application and any representations received will be considered : ..............................."

In view of S.57(2) of the Act, (i) an application for a stage carriage permit or a public carriers permit can be made suo motu not less than six weeks before the date on which it is desired that the permit shall take effect (ii) an application can be made pursuant to an advertisement by the Authority on or before the dates appointed by the Authority for receipt of such applications. On receipt of such applications for stage carriage permits, the Authority has to publish the applications or the substance thereof in the prescribed manner together with a notice of the date bef