( 1 ) THIS writ petition has been filed by the petitioner, Madhya Pradesh State Road transport Corporation under Article 226 of the Constitution for quashing the order (Annexure D) dated 12th July, 1973 passed by the Regional Transport Authority, sagar (respondent No. 1) and also the permit issued to the respondent No. 2 in pursuance of the said order.

( 2 ) THE brief facts of the case are that the petitioner is a State Transport undertaking established under Section 3 of the Road Transport Corporation Act, 1950. The petitioner is operating its stage carriages on Sagar Jabalpur via sanodha, Garhakota, Abhana, Jabera and Katangi under Scheme No. 9 approved under the provisions of Chapter IV-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' ). A portion of this route between Garhakota and Abhana has been allowed to be operated by private operators under the Scheme with a restriction not to pick up and set down passengers between the aforesaid portion.

( 3 ) THE respondent No. 2 applied on 26-6-1973 to the respondent No. 1 for grant of a temporary permit for the route Patharia-Jabalpur via Garhakota, Damoh, tejgarh, Tendukheda and Patan (Annexure C ).