AMEER PASHA Vs. KARNATAKA STATE TRNST APP TRI

JUDGEMENT

(1.) This is an appeal from the order of Nesargi, J, in WP.5731 of 1977. The appellant and the respondents herein were the petitioner and the respondents respectively in the writ petition and they will hereinafter be referred to according to their positions in the writ petition.

(2.) The petitioner had made an application for grant Of a permit to operate a stage carriage on an inter-State route. By its resolution dated 26J27-11-1976, the Karnataka State Transport Authority (hereinafter referred to as the KSTA) had granted such permit to the petitioner. Against the grant, respondents 3 to 11 preferred appeals to the Karnataka State Transport Appellate Tribunal (hereinafter referred to as the Tribunal) which set aside that grant on the sole ground that on the day when that resolution granting the permit was passed by the KSTA, only the Chairman and non-official members thereof were present and that since none of the official members thereof was present, that resolution was invalid The Tribunal remanded the case to the KSTA with a direction to consider the petitioner's application afresh along with other applications for the same route, which were ripe for hearing.

(3.) The petitioner impugned the judgment of the Tribunal beiore the learned single Judge who dismissed the writ petition upholding the decision, of the Tribunal.