SHARIFUNNISA Vs. KARNATAKA STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) in these three writ petitions, the petitioner has prayed for quashing the order of the Karnataka state road transport appellate tribunal, allowing the appeal presented by respondent No. 3 in each of these petitions arid granting stage carriage permit, on the ground that the petitioner had not been impleaded as a respondent to the appeal.

(2.) brief facts of the case, are these:a stage carriage permit on the route thamballapalli to chintamani was held by one c. Puttanna chetty, in the first instance. The said permit had been transferred in favour of pyarejan saheb, the husband of the petitioner, by an endorsement dated 25-1-1979. Respondent No. 3 in each of the petitions had filed application for stage carriage permit on a route which overlapped the route in respect of which the husband of the petitioner held a stage carriage permit. The said pyarejan saheb filed objections to the applications. During the pendency of the applications before the state transport authority, pyarejan saheb died on 11-4-1984. Nearly two years four months thereafter, on 14-8-1986, the state transport authority rejected the applications of respondent No. 3 in each of the petitions. The matter was taken in appeal before the state transport appellate tribunal. The appeal was allowed by order dated 21-11-1987. Aggrieved by the said Order, the petitioner has presented these petitions.

(3.) the sole contention urged in the writ petitions was that the petitioner was a necessary party to the appeal before the state transport appellate tribunal as her husband pyarejan saheb wss an objector and therefore the order of the appellate authority was liable to ba set aside on the ground that the necessary party was not made a party in the appeal.