NARASIMHAIAH Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) This is an appeal from the order of Venkataramiah, J., in W.P. No. 3785 of 1974. The appellant was the petitioner therein.

(2.) In the writ petition, the petitioner has assailed the judgment of the Karnataka State Transport Appellate Tribunal (hereinafter referred to as the S.T.A.T.). The learned single Judge dismissed the writ petition holding that there was no ground to interfere with that judgment.

(3.) Narasoji Rao whose heirs are respondents 3 (a) to (e) herein, had applied to the Regional Transport Authority, Bangalore (hereinafter referred to as the R.T.A.) for grant of a permit to operate a stage carriage between Bangalore and Mavathur. The R.T.A. by its resolution dated 25-11-1963, rejected that application. Against that resolution, he had preferred an appeal to the S.T.A.T., which set aside that resolution and remanded the case to the R.T.A. The appeal by the petitioner to the Karnataka Revenue Appellate Tribunal against the order of the S.T.A.T. was unsuccessful. After remand, the R.T.A., by its resolution dated 25/26-4-1972, granted a permit to Narasoji Rao. Against such grant, the petitioner went up in appeal to the S.T.A.T. During the pendency of that appeal, Narasoji Rao died on 8-2-1974. His heirs were permitted to come on record in his place in that appeal. The S.T.A.T. affrmed the grant of the permit in favour of Narasoji Rao, represented by his heirs, but remanded the case to the R.T.A. to fix, after hearing the parties, a fresh schedule of timings for the stage carriage for which that permit was granted. As stated earlier, the order of the S.T.A.T. was impugned in the writ petition.