SATHISH NAYAK Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) HEARD Sri Puttige R. Ramesh, leared Counsel for the petitioner, Sri C. B. Sreenivasan assisted by Sri C. V. Kumar, learned Counsel for the second respodnent and Sri B. H. Satish, learned Government Advocate for the first respondent.

(2.) THIS writ petition is directed against the resolution of the Regional Transport Authority, Udupi Dist. , Udupi (Respondent-1 herein) dated 24-11-2000 in Subject No. 69/2000-01, the copy of which is produced as Annexure-B to the writ petition. The petitioner has also prayed for a direction declaring that the order of the Regional Transport Authority, Udupi District, Udupi vide Annexure-B has the effect of nullifying the judgment of this Court in Writ Petition No. 37394/1999 a copy of which is produced at Annexure-A to the Writ Petition.

(3.) THE petitioner claimed to be an operator operating stage carriage service on the strength of permit bearing No. 20/98-99 according to the petitioner is valid upto 28-6-2003. The petitioner's case is that he has applied for permit of the stage carriage on the routes as mentioned in paragraph 1 of the writ petition. Sri H. Devadas Hegde the second respondent in this writ petition was the holder of stage carriage permit issued under Section 47/57 of the Motor Vehicles Act, 1939 which permit did bear No. 4/sk/52 and was valid only upto 1-3-1996. The second respondent had not got his permit renewed before the expiry of the period of permit i. e. , 1-3-1996. Subsequenlty on the basis of the decision in Gajraj Singh v. The State Transport Appellate Tribunal, AIR 1997 SC 412, the petitioner made application before the concerned authority for the grant of permit on the same lines as the old permit. The said request was rejected by a resolution dated 20-7-1998 on Subject No. (sic)-99. The present second respondent had filed the appeal before the Transport Tribunal. The Tribunal by its judgment dated 2-7-1999 dismissed the second respondent's appeal and upheld the resolution of the State Transport Authority dated 20-7-1998 and from that decision of the Tribunal the second respondent preferred a Writ Petition No. 37394/99 and this Court vide its judgment dated 7-8-2000 delivered in the writ petition refused to interfere with the order of the State Transport Appellate Tribunal and dismissed the said writ petition. No doubt, a direction was issued to the second respondent Regional Transport Officer, Udupi to treat the present second respondent's application dated 16-1-1998 vide Annexure-C as an application made under the new Act for grant of fresh permit and the same shall be disposed of by an appropriate order in accordance with law, within 30 days from the date of communication of the order. Thereafter, the first respondent-Regional Transport Authority, Udupi District, Udupi, held its meeting on 24-11-2000 and it was again requested by the second respondent to grant renewal of the stage carriage permit bearing No. 04/sk/52 which was valid upto 1-3-1996 for a further period of five years from the date of the expiry of the period and it was requested that in view of the amendment introduced in the Motor Vehicles Act, 1988 by the Motor Vehicles (Amendment) Act 2000 (Act No. 27 of 2000) to pass the order of renewal of the old permit under S. 217-A as has been introduced. The Regional Transport Authority, Udupi, had opined that under the provisions viz. , Section 217a, it has got power to renew and passed the order of renewal and it condoned the delay by fixing the compounding fine amount of Rs. 10,000/- for late submission of the application for the renewal and renewed it for a further period of five years with usual conditions attached in the permit. The Regional Transport Authority has ordered that the renewed permit shall be valid from 1-3-1996 onwards for a period of five years and directed the Secretary to take appropriate action as per law. Feeling aggrieved of the said resolution of the Regional Transport Authority, Udupi District, Udupi, the petitioner has come up before this Court by writ petition under Article 226 of the Constitution of India.