JUDGMENT D.K. Seth, J.
1. In this petition, it is alleged that in 45 kilometres of route, 36 operators are already operating pursuant to the time table fixed by rotation. Authorities have granted 30 more permits increasing total number of permits to 66. While operating 30 permits in each permit, a condition has been imposed that there should be three trips daily. Mr. A. D. Saunders, learned counsel for the petitioners contends that no time table has been fixed or approved. While granting a permit, it is open to the authority, to approve the time table, whether three trips or four trips can be accommodated, is a question to be gone into by the authority itself while approving the time table having regard to the existing time table of the existing operators. A bare condition without time table that there should be three trips may be in conflict with the existing time table. In view of the matter such a condition, though, is well within the Jurisdiction of the authority to impose while granting the permit as provided in Section 80 of the Motor Vehicles Act. 1988, but such condition has to be attached to the permit having regard to the available situation to further the object of control as is envisaged in the creation of the transport authority. The transport authority while imposing the condition has to be alive to the situation for all practical purposes and is required to have regard to the furtherance of the object justifying the condition being imposed.
2. Therefore, the condition so imposed, shall be kept in abeyance and shall be subject to the fixation and/or approval of the time table by the authority concerned. It will be open to the operators to submit their respective time table having regard to the existing time table, if necessary, in consultation with the existing operators. Such time table may be considered by the authority concerned having regard to the existing time table or otherwise and to be accordingly approved as submitted or as may be modified by the authority, if possible it may include such number of trips as condition to the permit having regard to the approved time table.
3. With the above observation, in the facts and circumstances of the case, this writ petition is being disposed of at the admission stage. While fixing time table, authority shall also give opportunity to the existing operators in the manner of fixation of time table as well as those new operators. While fixing time table, it should have regard to the ratio decided in the case of Surendra Rao v. Regional Transport Authority, Gorakhpur, AIR 1992 All 211, so as not to convert the concerned route into a racing ground.