ORDER
S.J. Mukhopadhaya, J.
1. As the case is being disposed of on a short point, it is not necessary to discuss all the facts, except the relevant one.
2. The petitioner who had a road permit for the route Jamshedpur to Durgapur applied for its renewal, which was rejected by order dated 3rd March, 2001. The authority directed to publish fresh notice calling application for permit.
3. Subsequently a notice dated 2nd June, 2001 was published in pursuance of order dated 3rd March, 2001. The respondent No. 5 Satish Kumar Sahu and others applied for license for route in question. It was opposed by petitioner vide his application dated 13th June, 2001 filed before Secretary, State Transport Authority, Jharkhand.
4. In the mean time, respondents having decided, to re-advertise the route, Satish Kumar Sahu preferred Transport Appeal No. 5/2001 against the decision of
re-advertisement dated 21st September, 2001. It was allowed by appellate authority by impugned order dated 8th February. 2002.
5. It is pointed by the counsel for the petitioner and not disputed by the respondent No. 5 that in the Transport Appeal No. 5/2001 the petitioner was not impleaded as a party respondent though he was objector before the original authority, the impugned order dated 8th February, 2002 was passed without hearing the petitioner.
6. In the circumstances, instead of determining the issue whether the order dated 3rd March. 2001 is legal or not, and whether the respondent No. 5 is entitled to have license for the route in question or not, the petitioner having not, impleaded as a party in Transport Appeal No. 5/2001 though he was objector before the original authority, the impugned appellate order elated 8th February, 2002 is set aside. The case is remitted to the appellate authority for decision afresh.
7. Both the petitioner and respondent No. 5 will appear before the appellate authority on or before 30th August, 2002 when the appellate authority will implead the petitioner as a party and will fix a date of hearing. After hearing both the parties and v State the appellate authority will pass a reasoned order.
8. Till 30th August, 2002, the 5th respondent will ply the bus in the route in question. He may also file a petition before the appellate authority for further interim order for plying the bus from 1st September, 2002 onwards till the decision in appeal.
9. The writ petition stands disposed
of with aforesaid observation and direction.