PRAKASH CHANDRA SAHU Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the Order dated 9/8/1996, made by the division bench of the orissa High court in OJC No. 3073 of 1995.

(3.) The admitted position is that at one point of time the appellant had a permanent stage carriage permit operating on the inter-State route, viz. , Peralakhemundi to Berhampur via Chatrapur and Garabandha. After the Motor Vehicles Act, 1988 came into force, the appellant filed an application for renewal of the permit and the dispute arose whether he is entitled to renewal of the permit. Since, admittedly, the permit granted under Act 4 of 1939 expired after the 1988 Act came into force, he was to apply afresh under the 1988 Act. Earlier when he had filed a writ petition, OJC No. 3421 of 1993, the High court had directed reconsideration of the application for renewal and also the application of the contesting respondents after decision was taken on the application of the petitioner therein. Admittedly, the State Transport Authority had considered their applications and rejected the application for renewal and granted fresh permit to the third respondent. On a clarification sought by the contesting respondent, the High court had pointed out that the judgment was not intended to have the permit granted to the contesting respondent cancelled; nonetheless the application of the appellant would be considered as and when need arose.