R A BALAKRISHNA Vs. KARNATAKA STATE TRANSPORT APPELLATE

JUDGEMENT

(1.) HEARD the learned Counsel for both sides.

(2.) THE order dated 19th April, 2000 of the Karnataka State Road Transport Appellate Tribunal, Bangalore (the 'kstat' in short) passed allowing the revision in R. P. No. 845 of 1990 is sought to be quashed by the petitioner herein.

(3.) THE admitted facts are as stated under. The stage carriage permit granted to one D. Sheshuraja Reddy by respondent 2-KSTA under its resolution dated 26th, 27th and 28th of july, 1990 vide Annexure-A was challenged by respondent 3 herein N. R. Revanna, in revision before the KSTAT. That revision was filed before it on 27-10-1990 and it was beyond the limitation period of thirty days provided by 2nd proviso to Section 90 of the Motor Vehicles Act, 1988 (the 'act' in short ). Therefore, an application under that proviso was filed by respondent 3, who was petitioner before the KSTAT praying to condone the delay that was caused by him in filing of the said revision. During the pendency of the said revision stage carriage permit was transferred by the grantee D. Sheshuraja Reddy to the petitioner herein. The said D. Sheshuraja Reddy was respondent 2 before the Tribunal. But, petitioner was not made a party therein. Therefore, the petitioner herein also, as a transferee of the said permit, made an impleadment application before the Tribunal praying for permission to come on record as a respondent in the revision.