CHHANGANI, J.—S.B. Civil Writ Petition No. 64 of 1965 has come up before this Court on a reference by Honble Jagat Narayan J.

2. The facts leading to the reference and the circumstances under which the reference has been made may be briefly stated as follows—

Petitioner Jagdish Prasad applied for grant of a fresh permit on the Beawar-Bijainagar via Sheopura Ghata route on 30th July, 1962. This application was published in the Rajasthan Rajpatra of 30th August, 1962, and objections were invited under sec, 57(3) of the Motor Vehicles Act. Respondent No. 3 Tarachand Tak, who was one of the eight existing operators of Beawar-Bijainagar via Sheopura Ghata route, filed objections against the grant of permit to the petitioner.

3. It may be mentioned here that on 20th June, 1962, the State Transport Authority exercising its powers under sec. 54 sub-sec. (3) of the Motor Vehicles Act, 1939, issued certain directions which run as follows—

"The State Transport Authority, Rajasthan, in its meeting held on 2.6.62, have resolved vide resolution No. 2 as under:

Resolved that in pursuance of the power conferred u/s. 44(3) of the M.V. Act, 1939, the S.T.A. Rajasthan, Jaipur hereby directs all the RTAs i

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