G VEERANNA Vs. MYSORE REVENUE APPELLATE TRIBUNAL

JUDGEMENT

(1.) The petitioner who is operating a stage carriage service on the route Chitradurga and Bellary, has challenged in this writ petition the order passed by the Mysore Revenue Appellate Tribunal, Bangalore dated the 8th of October, 1971, granting the application of Respondent No.4 for extension of the route Chitradurga to Molakalmuru upto Bellary.

(2.) Respondent No.4 held a stage carrige permit for the route Chitradurga to Molakalmuru and back. He made an application to the Regional Transport Authority, Chitradurga (hereafter referred to as the RTA.) for variation of the condition of the permit by extending the route from Molakalmuru to Bellary vid Rampura. As the route is an interregional route, the RTA Chitradurga dealt with the application under Rule 123 of the Mysore Motor Vehicles Rules, 1963. By its resolution dated 23rd June, 1964, the Regional Transport Authority partly allowed the application of respondent No.4 and granted extension from Molakalmuru upto Rampura only. The decision of the RTA, Chitradurga was affirmed in appeal by the Mysore State Transport Appellate Tribunal, Bangalore. The further appeal filed by the 4th respondent to the Mysore Revenue Appellate Tribunal, Bangalore was allowed and extension was granted upto Bellary. That decision was challenged by the petitioner in this Court in Writ Petition No.2129 of 1963. This Court set aside the order and remanded the case to the Mysore Revenue Appellate Tribunal, Bangalore with a direction to determine afresh the question of need.

(3.) As per the directions of this Court, the Tribunal examined the matter afresh and allowed the appeal of the 4th respondent and granted the extension prayed for upto Bellary. The petitioner has challenged the order of the Tribunal on several grounds.