( 1 ) THIS a petition under Articles 226 and 227 of the Constitution

( 2 ) THE petitioner is a passenger transport operator and had applied for a stage carriage permit for Mandla-Dindori route in lieu of permit No. 19/61 of National transport Service Co-operative Society, Limited, Jabalpur. The permit was valid up to 19-4-1970. On 25-2-1970 the petitioner filed an application for grant of stage carriage permit for the Mandla-Dindori route in lieu of renewal of the permit. Three more applications were submitted by the following operators for grant of stage carriage permit for the said route. Name of the applicants date of application (i) Jabalpur Transport 3-3-1970 development Co Jabalpur. (ii)Dalbir Singh s/o Tara 4-3-1970 singh Jabalpur. (iii) Gourishanker Rawat 5-3-1970

( 3 ) THE application of the petitioner along with the above 3 applications was published in the Madhya Pradesh Rajpatra dated 10-4-1970 in accordance with the provisions of Sub-section (3) of Section 57 of the Motor Vehicles Act (hereinafter referred to as 'the Act' ). After the objections were received and the applications were ripe for consideration the Regional Transport Authority decided to invite fresh applications vide order dated nil vide Annexure B. A notification was issued in the madhya Pradesh Rajpatra dated 15-5-1970 and in pursuance thereof respondents 2 and 3 filed their applications for grant of permit for the said route. These applications were published in Madhya Pradesh Rajpatra dated 31-7-1970. The contention of the petitioner is that the order of the Regional Transport Authority inviting fresh applications vide Annexure B is contrary to law. He has, therefore, filed this petition praying that the said order may be quashed and the Regional transport Authority be directed to hear and decide the application of the petitioner along with other 3 applications filed in lieu of renewal of permit No. 19/61.

( 4 ) WHEN this case came up for hearing before a Division Bench of this Court it was referred to Full Bench vide order dated 3-8-1972 mainly for the purpose of consideration of the following question. "where an application for grant of stage carriage permit has been made in lieu of renewal could the Regional Transport Authority invite other applications in that case also and then consider all the applications together. " It was pointed out in that order that in Mohanlal v. State transport Authority, 1968 MPLJ 19 = (AIR 1968 Madh Pra 118) it was held that applications in lieu of renewal having been made and were pending, there was no occassion for inviting fresh applications. The point for consideration however, is whether the authority of this decision is affected by the subsequent decisions of the Supreme Court in Mohd. Ibrahim v. State Transport Appellate Tribunal, Madras. AIR 1970 SC 1542; J. N. Wahal v. Sheikh Mahfooz. AIR 1970 SC 1704 and the full bench decision of this Court in Anand Ram v. R. T. A. Rewa, 1971 MPLJ 493 = (AIR 1971 Madh Pra 170 ).

( 5 ) THE procedure regulating the grant of permits is laid down in Section 57 of the act. Sub-section (2) of Section 57 of the Act reads as under: 57. . . . . (1 ). . . . . (2) "an application for a stage carriage permit or a public carrier's permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect, or if the Regional Transport Authority appoints dates for the receipt of such applications, on such dates. " The aforesaid subsection requires that en application for a stage carriage permit or public carrier's permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect. This necessarily implies that the application shall toe duly considered and final orders shall be passed thereon in accordance with the procedure laid down in Section 57 of the act within the aforesaid period of six weeks so that in case the application is granted the applicant may be able to obtain the perm