VENKATARAMANA PRABHU Vs. STATE TRANSPORT

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution, the petitioner has challenged the order dated 2nd May, 1977 of the Karnataka State Transport Appellate Tribunal, Bangalore (hereinafter referred to as the Tribunal) in Appeal No. 73 of 1976 and connected appeals (Exhibit-E) affirming the Resolution dated 22-11-19-75 of the Regional Transport Authority, Dakshina Kannada (heveinafter referred to as the R.T.A.) on subject No. 152 of 75-6 (Exhibit-A).

(2.) IN exercise of the powers conferred by Section 57(2) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act), the R.T.A. suo motu called for applications for grant of a stage carriage permit on the route Coondapur to Mangalore. The length of the route is about 100 K.Ms. and is a 'medium route' within the meaning of that term occurring in Rule 104-A(1) (b) of the Karnataka Motor Vehicles Rules 1963 (hereinafter referred to as the Rules). In response to the notification issued by the R.T.A., the petitioner, respondent-3 and several others applied for grant of permit on the route.

(3.) ON an examination of the claims put forth before it by the rival applicants, the R.T.A. in its meeting held on 22-11-1975, rejected the application of the petitioner and selected respondent-3 as the permit holder for the route (Exhibit A).