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1978 DIGILAW 103 (MP)

Rajkumar v. S. T. A. Tribunal

1978-02-01

J.P.BAJPAI, K.K.DUBE

body1978
Short Note : 1. The petitioner and 10 others applied for a permit on the route Gairatgunj to Bareli via Silwani and Bambhori. The petitioner was granted the permit in question by the R.T.A. Rest of the applications were rejected even without considering them on merits. S.T.A.A. Madhya Pradesh, Gwalior remanded the case to R.T.A., Bhopal after hearing appeals under section 64 M.V. Act. 2. This order of remand was challenged under Article 226 of the Constitution of India. Held: In the instant case, it would he seen that the merits of the six operators was not considered by the Regional Transport Authority and they were eliminated merely on the ground that they were big operators and the route in question being a partly kachha one, it would be useful to try a new operator. There was, therefore, no point to point consideration of the merits and demerits of the rival claimants. It cannot be said that the order of remand was lacking in jurisdiction. Moreover, under the amended Article 226 (1) (c) of the Constitution of India, unless the procedural irregularity has resulted in substantial injury leading to failure of justice, the Court would not interfere. We do not think that the order of remand has resulted in any substantial injury as would warrant interference in the case. 1970 JLJ 298 (FB), relied on. Petition rejected.