Bapna J.—This is an application under Art.226 of the Constitution of India by Bhoor Singh who is an existing operator on the Jaipur Alwar route.

2. The Regional Transport Authority by resolution of 20th March, 1958, decided to grant temporary permits on a through route from Jaipur to Delhi in accordance with a certain agreement between the R.T.A. of Rajasthan, Delhi and Punjab States. Temporary permits were granted to four persons, viz.,—

(1) M/s. Aram Bus Transport Association,

(2) M/s. Kisan Coop. Society Kotputli (subject to the condition that it is already registered),

(3) M/s. Rajasthan Transport Service, and

(4) M/s. Anil Bus Service.

The petitioner challenges the grant of temporary permits on the ground that none of the conditions mentioned in sec. 62 of the Motor Vehicles Act for grant of temporary permits existed. In our opinion, the contention has no force. A through route has been made open, and it is obviously in the interests of the general public that the plying of through buses should be permitted as early as possible. It was a case of a particular temporary need.

3. Learned counsel urged that applications had already been invited for permanent permits by the R.T.A. on 18th March, 1958, and two persons Messrs. Malikram and Kalera Motor Transport Co. had already submitted applications on 10th March, 1958. It was urged that the first proviso to sec. 62 barred the grant of a temporary permit where an application for permanent permit was pending. The contention has no force. The said proviso only means that a temporary permit shall not be granted to a person whose application for a permanent permit is pending. The first proviso does not mean that if a single person makes an application for a permanent permit everybody else is barred from obtaining a temporary permit. If this were so, the grant of a temporary permit on the occasion of fairs would be ruled out, if one of the operators or anybody else takes it into his head to make an application for a permanent permit. The provisions relating to the grant of temporary permits would be nullified in case the construction urged by learned counsel is accepted.

4. No other point was canvassed. There is no force in this petition, and it is accordingly dismissed. Learned counsel prays for leave to appeal. This is refused.

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