“The resulting position is that the permits all stand in the name of dead persons. If such a situation is allowed to continue, then, it is very likely that by the time the disputes between the parties are either settled or adjudicated upon, the buses, if by, plying on the routes, or even the permits with reference to the several routes may become useless, especially when, even according to the petitioner, the buses are off the road and nobody is operating on the routes in question and that my lead to cancellations of the permits for nonperformance. Such a situation cannot therefore be allowed to be brought about on account of the disputes between the parties since the transport service is basically intended for the convenience of the travelling public and many important routes as detailed in the “C” Schedule to the point cannot be allowed to be cancelled for non-performance resulting in enormous difficulties for the member of the public, who are obliged to travel on those routes. Bearing in mind the need to preserve the permits and prevent their cancellation for nonperformance and also taking into account the convenience of the travelling public, it appears to me very just and equitable that for the time being at least, there should be a transfer of all the permits in favour of the respondents 3 to 6 as prayed for by them. The learned counsel for the respondents 3 to 6 was repeatedly asked whether if such a transfer of the permits is effected in their favour, they would hold those permits so transferred not only for their own benefit, but also for the benefit of others, who either earlier or hereafter might have been or may be declared to have an interest or shore herein, the learned counsel assured this court that respondents 3 to 6 would so hold the permits when transferred. In view of this, the first respondent is directed to transfer all the permits referred to in his notice R.No.9664/A5/84- dated 16.05.1984 in favour of respondents 3 to 6 in this writ petition. However, it is made very clear that this transfer is only with a view to preserve the buses as well as to protect the permits, so that they may not be lost or cancelled for non-performance.”
