GOPALKRISHNA MOOLYA Vs. SECRETARY KARNATAKA STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) IN these writ petitions the petitioners have prayed for a writ in the nature of certiorari to quash the orders passed by the Karnataka State "Transport Appellate Tribunal, Bangalore (for short 'Tribunal') and the details are as under: <FRM>JUDGEMENT_2496_ILR(KAR)_2010.htm</FRM>

(2.) PETITIONERS are the holders of stage carriage permits operating trips on inter -state routes and both the terminals of the routes are in the state of Karnataka and. the length, of routes in other states is less than 1.6 kins. The contesting respondents in these writ petitions questioned these permits in favour of the petitioners and assignment of timings before the Tribunal in different revision petitions as stated, above. The 'Tribunal after hearing both the parties, passed the impugned orders holding that, the permits in question are inter -state permits and they are nor. included in the inter -state agreement between, the two states and as such the transport authority has no jurisdiction U; gram the permits. Accordingly, the Tribunal allowed the revision petitions and set -aside the permits granted in favour of the petitioners. Hence these writ petitions.

(3.) SECTION 88 in Chapter V of The Motor Vehicles Act, 1988 deals with the validation of permits for the use outside region in which it was granted, live second proviso to Sub -section 1 of Section 88 deals with nature of permits in these writ petitions. It is useful to extract the same. 88. Validation of permits for use outside region in which granted: