Sanjib Banerjee, J.

There is a primary question and a supplemental issue that have been referred to this Full Bench:

“Whether, in view of the law laid down by the Hon’ble Supreme Court in Mithilesh Garg v. Union of India : AIR 1992 SC 443, a writ petition at the instance of existing operators providing stage carriage services on different routes, who seek to challenge grant of fresh permits in favour of new operators (either on the self-same routes on which they have been operating or touching a portion of the same) by the transport authorities ostensibly taking recourse to the bogey of liberalized policy relating to grant of permits under the Motor Vehicles Act, 1988, is not maintainable although such grant ex facie might appear to the Court to be grossly illegal, patently arbitrary and in colourable exercise of power, consequently offending the constitutional concept of equality?”

“Whether it would be permissible for the Court exercising jurisdiction under Article 226 of the Constitution of India to entertain applications by holders of stage or contract carriage permits under the Motor Vehicles Act, 1988 questioning action or inaction on the part of the transport authorities