RAM GOPAL Vs. ANANT PRASAD AXID ANOTHER

JUDGEMENT

(1.) This appeal arises out of an application for a writ of certiorari and involves questions of interpretation of the Motor Vehicles Act, 1939 (4 of 1939) by which grants of permits to run stage carriages and all matters connected therewith are governed.

(2.) The appellant was the holder of a permit to run a stage carriage on a stretch of the public highway called the Rewa-Singrauli route, in the State of Vindhya Pradesh which is now merged in the State of Madhya Pradesh. That permit was due to expire on 11-12-1955, and so on 12-9-1955, he made an application for its renewal for a further period. The respondent Anant Prasad who will be referred to as the respondent, made a representation against the renewal of the appellant's permit. He also applied for the grant of the permit to himself. On 9-12-1955, the State Transport Authority, Vindhya Pradesh made an order in the following terms:"Renewed for three years". It is not in dispute that the order meant that the appellant's permit was renewed for three years. No express order was made on the respondent's application for the grant of the permit to him.

(3.) The respondent preferred an appeal against this order to the Vindha Pradesh Transport Appellate Tribunal, the appellate authority under the Act. It was contended by the appellant before the Appellate Tribunal that the appeal was not competent. The Appellate Tribunal rejected this contention and passed an order cancelling the permit granted to the appellant by the State Transport Authority and issuing the permit to the respondent.