( 1 ) THE petitioner No. 1 holds a Permit --being permit No. 408 for plying a stage carriage on kalpi-Kotra route. This permit is valid upto October 1958. The petitioner No. 2 also holds a permit being permit No. 228 for plying a stage carriage on the same route. This permit is valid upto 1960. The petitioners allegation is that this route was created in 1950 and originally the petitioner No. 2 alone was granted a Permit for running the stage carriage on this route. The petitioner No. 1 however began plying his stage carriage on the route from 1952 when the strength was increased by one more vehicle on this route. Certain representations were made for recognising certain routes and for increasing the strength of carriages on certain routes. Because of those representations the Secretary. Regional Transport Authority. Kanpur, by his letter No. 1388 RTA/80/strength dated 7-10-1955, wrote to the District Magistrate of Jhansi for his views on the matter. It is alleged that in none of those representations was there any suggestion that the strength on kalpi Kotra route be increased, nor was the opinion of the District Magistrate invited for the increase of the strength on this route. Yet the Acting District Magistrate of Jalaun Sri S. P. Arren, it is alleged, sent a letter in reply to the aforesaid letter of the Secretary, Regional Transport authority, Kanpur, suggesting that the strength on Kalpi Kotra route be increased. The matter of the increase of strength of Kalpi Kotra route was put up for consideration before the Regional transport Authority sometime in May 1957. The petitioners case is that they did not receive any notice nor had they any opportunity to make representations against the increase in the strength on the route. The petitioners on coming to know that the aforesaid agenda was fixed for consideration in the meeting of the Regional Transport Authority reached the Place where the meeting was being held and sent a slip that they wanted to make certain representations against the proposed increase in the strength on the Kalpi-Kotra route, but, the petitioners allegation is that, they were neither called in the meeting nor were allowed any opportunity to make representations against the increase in the strength. The Regional Transport Authority passed a resolution) in this meeting that the strength on the Kalpi-Kotra route be increased by two more stage cardages and in pursuance of that resolution applications were invited from different persons for grant of permits for the two more stage carriages on the Kalpi-Kotra route. These applications have now been gazetted in the U. P. Gazette of 12th October 1957 for receiving objections. The petitioners allege that they have sent a representation that the strength should not too increased and that 14th November 1957 was fixed for the consideration of the applications made for grant of permits on the two vacancies cheated by them. It is alleged that there was no demand of the public or any authority for increase of the strength on the Kalpi-Kotra route and there are not even sufficient passengers for the two stage carriages already plying and any increase would adversely affect the rights of the petitioners. It is alleged that Kotra is a small village with a population of about 2000 to 2500 persons and there is not much traffic on this route. The complaint of the petitioners is that the decision to increase the strength has been made arbitrarily and without considering the point of view of the persons who are already providing transport facilities on this route. On these facts the petitioners have moved this petition.

( 2 ) MR. S. O. Khare, the learned counsel for the petitioners has made two submissions. His first submission is that before the strength of the route could be increased it was incumbent upon the regional Transport Authority to have considered the representation of the petitioners and their failure to give the petitioners an opportunity of mak