JUDGMENT : Sanju Panda, J. - Since both the Writ Petitions involve similar questions, they were heard together & are being disposed of by this common Judgment. In these Writ Petitions, the Petitioners have challenged the action of the Transport Commissioner-cum-Chairman, State Transport Authority, Orissa, Cuttack in inviting applications by way of advertisement for grant of licence for installation of private weighbridge at Kanakatora & Taparia MVI & Sales Tax check gate near the border area of Orissa & Chhatisgarh, 2. The facts, in a nutshell, are as follows: Earlier, the Petitioner in W.P.(C) No. 14195 of 2008 approached this Court by filing W.P.(C) No. 6408 of 2008 with regard to grant of permission for installation of private weigh bridge at Kanakatora & Sates Tax Check Gate in the district of Jharsuguda. The said Writ Petition was disposed of on 15.5.2008 with a direction to Opposite Parties to take a decision on the application of the Petitioner within a period of two months. In consequence of the said direction, Opposite Party No. 3 informed the Petitioner that it was decided that the Transport Commissioner would invite the intending parties through newspaper advertisement with a view to give everyone a fair chance to set up weigh bridge at Kanakatora Check gate under RTO, Jharsuguda & if the Petitioner so likes he may apply for the same. 3. While the matter stood thus, present Opposite Party No. 6 proceeded with the construction for installation of weigh bridge at Kanakatora check gate. After knowing about said illegal construction, the Petitioner immediately drew the fact of such construction to the attention of the Transport Commissioner-cum- Chairman, State Transport Authority, Orissa, Cuttack, Opposite Party No. 2 & sent copies of such intimation to the other Opposite Parties & requested them to stop illegal & unauthorized construction of private weighbridge. 4. As per Rule 157(1) of Motor Vehicles Rules, the Commissioner may Issue instructions regarding the procedure to be followed by the Registering authorities for installation of a weighbridge under Clause (ii) Accordingly, the Transport Commissioner informed the Petitioner about inviting of applications through advertisement. 4. As per Rule 157(1) of Motor Vehicles Rules, the Commissioner may Issue instructions regarding the procedure to be followed by the Registering authorities for installation of a weighbridge under Clause (ii) Accordingly, the Transport Commissioner informed the Petitioner about inviting of applications through advertisement. Though the Transport Commissioner indicated that, an advertisement would be issued for inviting applications from the intending parties in order to give a fair chance to set up a weighbridge, without doing so till date the Opposite Parties permitted Opposite Party No. 6, who proceeded with the construction work for installation of the weighbridge. The said action of the Opposite Parties is illegal & arbitrary. Therefore, the Petitioner has approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. He further alleged that Opposite Party No. 6 in order to have monopoly business by installing private weighbridges at different places in the State of Orissa, obtained the licence from the office of the Opposite Parties without any advertisement/tender, etc. 5. Opposite Parties 1 to 3 filed their counter affidavit indicating therein that the process of inviting applications for installation of 100 MT electronic weighbridges at different border check gates including Kanakatora check gate is under active consideration of the Government of Orissa. Soon after the modalities for installation of weighbridge are finalized, advertisement will be issued in the newspaper inviting applications for the same. Without waiting for the advertisement, the Petitioner flied an application for grant of permission in his favour to set up the weighbridge at Kanakatora check gate. Said application was premature. The allegation of the Petitioner that the application of Opposite Party No. 6 is under process by the authorities is not correct. Further they have stated that Opposite Party No. 6 submitted an application on 28.1.2006 for grant of permission to install a new 60 Tonnes weighbridge at Kanakatora check gate in the district of Jharsuguda. In the said application, he agreed to share the weighment charges with Orissa Road Safety Society & Indian Red Cross Society, Jharsuguda & also to provide accommodation for officers & staff of Transport Department working at the check gate. Considering the application of Opposite Party No. 6, Opposite Party No. 2 granted permission to him on 3rd February, 2006 for installation of weighbridge at Kanakatora check gate & the licence was granted to him on early basis. Considering the application of Opposite Party No. 6, Opposite Party No. 2 granted permission to him on 3rd February, 2006 for installation of weighbridge at Kanakatora check gate & the licence was granted to him on early basis. The licence granted to him last year was from 8.1.2008 till 7.1.2009. However, the authorities will publish advertisement inviting applications from the interested parties to set up weighbridge after finalization of modalities by the State Government. Opposite Party No. 6 was a single applicant in the year 2006. He has also been permitted to set up weighbridge at Taparia & Telijore in the district of Sundargarh. The Petitioner filed an application to install a weighbridge in the year 2008 only. Therefore, the Writ Petition has no merit which is liable to be dismissed. 6. Opposite Party No. 6 also filed a counter affidavit traversing the allegations made by the Petitioner & stated that the Petitioner has suppressed the material facts regarding letting out of the premises to the Office of the Regional Transport Officer for about 10 years or more. Therefore, the Petitioner is interested to obstruct the construction of weigh bridge & close circuit camera operations as that would deprive him of the house rent which he is getting from the Office of Regional Transport Officer. Further he has stated that the premise let out by the Petitioner is a dilapidated thatched house. There is no weighbridge in it & close circuit camera can never operate from the said premises. The said facts have not been disclosed by the Petitioner in the present Writ Petition so also in the earlier Writ Petition. Further, he has stated that he has already constructed a complete weighbridge which has been fully installed. As per his application to the Transport Authority to construct a weigh bridge, permission was granted in the year 2006. He set up the said weighbridge at his own cost. He has installed digital camera with T.V. recording arrangement by which theft/cheating with regard to the weightage of the goods passing can be detected easily. Even if any vehicle is allowed to pass without weighment & without check verification, due to connivance of the transport & sales tax staff, it would be detected through the digital camera & TV recording in detail. Even if any vehicle is allowed to pass without weighment & without check verification, due to connivance of the transport & sales tax staff, it would be detected through the digital camera & TV recording in detail. During night time, series of vehicles are being allowed to pass in the check gate without any verification & by installing the close circuit camera with TV recording the same can be exposed & details thereof can be taken note of which will fetch more revenue to the State as well as restrict the illegal act. Therefore, till an advertisement is made for inviting applications to install weighbridge, Opposite Party No. 6 may be permitted to operate the said private weighbridge constructed by him. 7. Considering the rival submissions of the Learned Counsel for the parties & the provisions of Rule 157(1) of the Motor Vehicle Rules, there is no doubt that the grievance of the Petitioner is premature. To maintain transparency & fairness in granting licence to install weighbridge, the authorities are waiting for approval of Government to publish an advertisement inviting applications from the interested persons of Kanakatora & Taparia check gate in the district of Jharsuguda & Sundargarh respectively. They have already taken steps for the said purpose & also intimated the Petitioners As such, there is no illegality committed by the authorities. 8. There is no restriction regarding installation of the private weighbridge which has been done by Opposite Party No 6 However, Opposite Party No. 6 obtained permission from the authorities to construct the said private weighbridge long before the application filed by the Petitioners in the year 2008 & licence was granted to him on yearly basis. It is open to the Petitioners construct a weighbridge, if they so like or they may apply to install a weighbridge after the advertisement .is made by the authorities inviting applications for the said purpose. 9. Both the Writ Petitions are accordingly dismissed. No costs. I.M. Quddusi, A.C.J. I agree. Final Result : Dismissed