BHANDARI, J.—These two writ petitions have been filed under Art. 226 of the Constitution and as some common questions of law and fact are involved in them, both of them are disposed of by this judgment.

2. We first take up Writ Petition No. 255 of 1962, Bhagsingh Vs. The Trans-port Appellate Tribunal, Rajasthan & others.

3. In order to appreciate the points involved in this case, we may first refer to the following facts which are either admitted or are not disputed. All the four petitioners in the Writ Petition are plying their buses on what is known as Jaipur-Sikar amalgamated route. Besides them, there are a member of other persons plying their buses on the said route. Petitioner No. 1 Bhagsingh is also said to be President of the Union of which the operators of the said route are the members. Of the respondents in this Writ Petition, Respondent No. 1 is the Transport Appellate Tribunal, Rajasthan. Respondent No. 2 is the Regional Transport Authority, Jaipur Region. Respondents Nos. 3 to 18 and 27 were at one time plying their buses on the Jaipur-Ajmer route. These persons will hereinafter be called the operators of Jaipur-Ajmer route. Respondents Nos. 19 to 26 were at one time plying their buses on the Jaipur-Kishangarh route and they shall hereinafter be called the operators of Jaipur-Kishangarh route. It may also be mentioned that there were some other persons also plying their buses on the Jaipur-Ajmer and Jaipur-Kishangarh routes. A draft scheme was finalised in September 1960 for nationalisation of the Jaipur-Ajmer route. Objections to the draft scheme were taken by some of the operators of Jaipur-Ajmer and Jaipur-Kishangarh routes. The draft scheme came up for consideration before the Legal Remembrancer, Rajasthan State, who was the competent authority appointed by the State Government to hear objections. The said officer approved the draft scheme by his order dated December 7, 1960. The draft scheme was then published on December 12, 1960. One of the operators of Jaipur-Ajmer route Malik Ram filed a Writ application in this Court for queshing the order of the Legal Remembrancer dated December 7, 1960. His Writ petition was summarily dismissed. On appeal to the Supreme Court, the order of the Legal Remembrancer approving the scheme was set aside and it was directed that the draft scheme be reconsidered by the said officer or such other officer as the State Government may appoint hereafter. The judgment of the Supreme Court is dated 15.4.61. The draft scheme then came up for consideration before the Legal Remembrancer and was finalised on 13.11.1960 and was eventually published on 27.11.1961. Even before the finalisation of the scheme by the Legal Remembrancer, the operators of the Jaipur-Ajmer and Jaipur-Kishangarh routes had applied for grant of permits for Jaipur-Loharu route before Respondent No. 2. Their applications were published in the Rajasthan Gazette dated 24.8.1961 and 30.8.1961. Objections were raised by the operators of Jaipur-Sikar route to the grant of permits for Jaipur-Loharu route. These applications and objections were considered and decided by Respondent No. 2 by Resolution No.355 (No 22/1961) passed by the Regional Transport Authority in their meeting held on 16-17.10.1961, at Jaipur. This resolution is Ex.3 on record. It was resolved that non-temporary permits for a period of three years be granted to each of Respondents Nos. 3 to 27 on the condition that they will surrender their existing permits for cancellation within a period of one month from the date of the resolution. Here it may be mentioned that in the meeting held on 16/17.10.1961 the Chairman of the said Regional Transport Authority and the two other members attended. At that time, there was one another member, Shri Bhatnagar, who was not present in that meeting. Under Rule 77 of the Rajasthan Motor Vehicles Rules, 1951 (hereinafter called "the Rules) framed by the State of Rajasthan by virtue of the powers conferred on it by the provis

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