AHMED KHAN Vs. R T A MANDYA

JUDGEMENT

(1.) The petitioner has challenged the interim stay granted by the Karnataka State Road Transport Appellate Tribunal in Revision Petn. Nos. 159/1982 and 543/1982. Those revision petitions came to be filed by some of the objectors who are stage carriage operators on routes between Mandya and Channapatna. The petitioner himself held a permit on the route Mandya to Channapatna via Guthalu, D A. Kere, Annur, district Border. Jagadapura and Channapatna.

(2.) The R.T.A. Mandya on the representation received by the Chairman of the Village Panchayat of Honganur in Channapatna Taluk suo motu proposed the altering of conditions of permit of the petitioner from Channpatna to Yelethotadahalli by adding a distance of 14 kms. By resolution dt. 12-5-1982, the R.T.A. varied the conditions of the permit under S. 48(3)(xxt) of the Motor Vehicles Act, 1939 (hereinafter to be referred as 'the Act'), by the extension of the route as stated above.

(3.) The case of the respondents herein, before the Tribunal has been that there was no notice to them either of the proposed alteration as required by the proviso to Cl. (xxi) of sub-sec. (3) of S. 48. It is that fact that persuaded the Tribunal to grant stay of the condition altered and extension thereby granted.