D P SHARMA Vs. K S T A

JUDGEMENT

(1.) This appeal is from the commo order of K. A. Swami, J., dismissing WP No. 5850 of 1978 and connected writ petitions The petitioner in WP. No 5850 of 1978 has . p esented this appeal and for the sake of convenience he will hereinafter be referred to as the petitioner.

(2.) The undisputed facts necessary for deciding this appeal, are briefly these: Under sub-sec. (7) of 63 of the Motor Vehiches Act, 1939 (here inafter referred to as 'the Act'), the Central Government issued the notification dt 19-12-1977 (produced as Ex-B in the writ petition) increasing the qwota of tourist vehicles in respect of which, the Karnataka State Transport Authority (hereinafter referred to as 'the S.TA.') could grant All India Permits for promoting tourism. Pursuant thereto, by its resolntion dated 4/5-4-1978 (produced as Ex-C in the writ petition), the S. T. A resolved to invite applications under S. 57 (2) read with S. 63 (7) of the Act for grant of All India Permits in respect of the increased quo a of 16 tourist vehicles. Accordingly, by its notification published in the Karnataka Gazette dt. 11-5-1978 (produced as Ex-D in the writ petition), the S. T. A. invited applications from the public for grant of such permits. In that notification, it was stated, inter alia, that the last date for receipt of such applications was 3-6-1978 and that those persons who had already made applications for grant of All India Permits for tourist vehicles, need not again apply.

(3.) The petitioner was among those who had made applications to the S.T.A. for grant of All India Permits in respect of tourist vehicles, long beiore the aforesaid notification of the Central Government inc.eas ng the number of All India Permits in respect cf tourist vehicles which the S.T.A. could issue. They presented writ petitions im pugning the aforesaid resolution and the notification of the S.T.A. inviting applications for grant of All India Permits for 16 tourist vehicles. Their main grievance in the writ petitions was that for grant of All India Permits in respect of 16 tourist vehicles, only their applications should have been considered and that it was not open to the S.T.A. to invite applications for grant cf such permits and to consider applications received in response to such invitation.