LAWS(KAR)-1973-8-31

A P RAVI Vs. MYSORE REVENUE APPELLATE TRIBUNAL

Decided On August 28, 1973
A.P.RAVI Appellant
V/S
MYSORE REVENUE APPELLATE TRIBUNAL Respondents

JUDGEMENT

(1.) This petition, which is really under Art. 227 of the Constitution of India, is by a stage carriage operator and directed against an order made by the Mysore Revenue Appellate Tribunal, Bangalore (hereinafter called the MRAT), in appeal No.75/70 (MV), dt.30-6-1970. By that order, the MRAT has rejected the appeal of the present petitioner as not competent in law.

(2.) The few facts may be briefly set out. The petitioner is a stage carriage operator, holding a permit on the route from Mysore to Maddur. The 4th respondent herein, prayed for the grant of the permit between Mysore to Tumkur via., Mandya. The Regional Transport Authority concerned, granted the permit subjct to a curtailment of the route lying between Mysore and Mandya. Before the grant of this permit, the procedure enjoined by S.57(3) of the Motor Vehicles Act (hereinafter called the 'Act'), was followed and the application for a permit had been duly published inviting objections from persons interested. The petitioner being an operator himself, did not choose to file any objections as in his view, the proposed timings did not affect him.

(3.) Not being satisfied with the the grant, the 4th respondent appealed to the State Transport Appellate Tribunal (hereinafter called the 'STAT') . The said Tribunal allowed the appeal and granted the permit after dispensing with the curtailment made by the Regional Transport Authority (hereinafter called the 'RTA') . The said STAT also remitted the matter to the RTA concerned, with a direction that suitable timings might be assigned to the petitioner. The RTA after hearing the parties assigned timings to the service of the 4th respondent. Sorte of the other operators who were parties before the RTA, preferred appeals against assignment Oif such timings. The 4th respondent also appealed against such assignment of timings. The STAT modified the timings and fixed 5-15 A.M. as the time at which the 4th Respondent had to leave Mysore, Aggrieved by the said order, both respondents 4 and 16 in the present petition, preferred appeals to the MRAT. The timings assigned to the 4th WP. 4687 of 1070. respondent was again modified and fixed at 7-45 A.M. It is to be noted that throughout these proceedings, the petitioner herein, was not a party. He, however, had filed an application to be impleaded as a party before the STAT at some stage of the proceedings before the said authority The said application had been rejected. Earlier to this, the petitioner had preferred writ petition No. 1877 of 1968, before this Court and the same was disposed of on 29-7-1968 by an order,- whereby the matter was remanded to STAT with a direction to consider the application for impleading filed by the petitioner among other matters. It is only after such rejection of the said application of the petitioner. that the STAT modified the timings in favour of the 4th respondent, which was subsequently taken up in appeal before the MRAT with the aforesaid result. The said appeal came to be dismissed as incompetent. Hence this petition.