PATNA HIGH COURT
U.P.Singh, J.
Goverdhan Lal Dhawan
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 2063 of 1988 ;
Decided On : MAY 03, 1988
(Para 10)
Constitution of India, Art. 226 - Application for permanent stage carriage permit Rejection at the intervention of other contenders - Those contenders - Interveners not made parties to the writ application-Application not maintainable. (Para 8)
U.P.Singh, J.
1. After hearing the parties, the application for intervention is allowed.
2. In accordance with the earlier order of this Court passed on 6-4-1988, this application is being disposed of at the admission stage itself after hearing the counsel for the petitioner, the respondents as also the intervenors.
3. The petitioner possesses three permanent stage carriage permits. One is for the route Raxaul to Patna via Motihari, Kotwa, Khajuria, Kesharia, Sahebganj, Barkagaon, Muzaffarpur, Aghuria Bazar Chowk, Ram Dayalu Nager, Fakuli, Jatkauli ghat, Lalganj Sarai, Hajipur and the other two permits or for the route Muzaffarpur to Patna via Aghuria Bazar Chowk, Ram Dayalu Nagar, Fakuli, Jatkuli ghat, Lalganj Sarai, Hajpur These routes are in two separate regions and fall within the jurisdiction of two separate transport authorities, namely, N. B. R. T. A. (North Bihar Regional Transport Authority) and S. B. R. T. A. (South Bihar Regional Transport Authority).
4. It is needless to emphasise that after opening of the Mahatma Gandhi Sethu connecting South Bihar and North Bihar by road, the need for grant of permanent permits has arisen more for the comfort and convenience of the travelling public, also, because there is no other convenient means of communication between Patna and Muzaffarpur except the bus services. On 1st November, 1986 the respondent No. 2 (N. B. R. T. A.) brought out an advertisement inviting applications for grant of stage carriage permits for the inter-regional routes mentioned in Annexure-1. Several applications were made. The N. B. R. T. A prepared an agenda (Annexure-2) for the grant of permits on those inter-regional routes and issued notice to the applicants for grant of permits on the said inter-regional routes. The respondent No. 2 (N. B. R. T. A.) fixed a meeting of the Regional Transport Authority for considering the grant of permanent permits and the meeting was fixed for 7-4-1988. An extract of the relevant part of the agenda has been annexed (marked Annexure-2). Since the petitioner obtained an order of stay from this Court on 6-4-1988, the proposed meeting of the Regional Transport Authority scheduled to be held on 7-4-1988 had thus to be postponed. The stay order was that pending hearing, no inter-regional permit, as mentioned in Annexure-2 shall be granted.
5. The petitioners allegation in the writ application is that respondent No. 2 (N. B. R. T. A ) is purporting to issue permits on inter-regional routes including Muzaffarpur to Patna, Raxaul to Patna, Bettiah to Patna, Motihari to Patna, Bagha to Patna, Begi ghat to Patna, Ram Nager to Patna, Narkatiaganj to Patna, without prior agreement with the S. B. R. T. A.
6. Three applications have been filed on behalf of intervenors. One such application has been filed by Purushottam Narain Tandon and 3 others. According to them they are the applicants for the grant of permanent permit for the inter-regional routes, the details of which are mentioned in Annexure-2 to the writ application. Their applications were to be considered in the meeting of the N. B. R. T. A. on 7-4-1988. The other application for intervention has been filed by Bhupendra Kumar Singh and 3 others. They had been granted temporary permits on the route Muzaffarpur to Patna via Aghuria Bazar Chowk, Ram Dayalu Nager, Fakuli, Jatkuli ghat, Lalganj Sarai, Hajipur by N. B. R. T. A. and the State Transport Authority, Bihar, Patna. They had applied for grant of permanent permits in accordance with the notification of the State Government contained in Annexure-A directing that the temporary permit holders can be granted permanent permits. The third application for intervention is by Anil Kumar and another. They had also been granted temporary permits on the route Muzaffarpur to Patna via Aghuria Bazar Chowk, Ram Dayalu Nager, Fakuli, Jatkuli ghat, Lalganj Sarai, Hajipur by the N. B. R. T. A. and the State Transport Authority, Bihar Patna. In pursuance of the notification issued
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