JAGDISH SAHAI, J. : This writ petition has come to us on a reference made by our brother Pathak on 5th May 1965.

2. The petitioner carries on the business of running stage carriages on hire under the name and style of Jain Transport and General Trading Company, and held two permits for plying his stage carriages on the Mathra-Aligarh route. There were some other operators also on this route. The permits of all the operators were to expire on 5th August 1957, but before that date could arrive, the State of Uttar Pradesh nationalised the aforesaid route (hereinafter referred to as the route) under the provisions of the U. P. Road Transport Services (Development) Act, 1955 (hereinafter referred to as the Act). Some compensation was offered to the petitioner and the others, which they did not accept, with the result that under the provisions of S. 11(5) of the Act, reference was made to the District Judge, Agra, by the Transport Commissioner, U.P., who, on 2-9-1964, transferred all of them for decision to the Court of the Additional District Judge. The petitioner and the others made application on 7-9-1964 before the District Judge, Agra, for recalling the cases from the Court