SULOCHANA DAMODHAR Vs. STATE OF TRANSPORT AUTHORITY

JUDGEMENT

(1.) APPELLANT in W. A. No. 840/07 was the petitioner in W. P. No. 16305/ 05. Respondents 1 to 4 were the original respondents. Respondents 5 and 6 are the im-pleaded respondents. Writ petition filed by the appellant having been dismissed by the learned single Judge by an order dated 18-4-2007, writ appeal has been filed to set aside the said order and to grant the relief prayed in the writ petition. Appellant in W. A. No. 851/07 was the petitioner in W. P. No. 18637/05. Questioning the' order dated 18-4-2007 passed by the learned single Judge dismissing the writ petition, by following the order passed in W. P. No. 16305/ 05, writ appeal has been filed to set aside the said order and to grant the relief prayed in the writ petition.

(2.) WE have heard the learned counsel appearing for the parties and perused the records. As the question of law sought to be raised is common in both the appeals, they are being disposed of by this common judgment. The facts of the case in W. A. 840/2007 are sufficient to dispose of both the writ appeals.

(3.) FACTS in a nutshell are : one P. M. Ibrahim was the holder of intra-State stage carriage permit No. 21/sta/92 between Ballur to Talapady via Kykamba and uppala in Kerala State. The said intra-State permit was varied by an extension from talapady to Mangalore in Karnataka State and back, by the Kerala State Transport Authority (for short, STA, Kerala), with effect from 17-8-1992, subject to counter signature by the state Transport Authority in Karnataka (for short, STA, Karnataka ). The said permit which was countersigned by the STA, Karnataka, expired on 3-3-1995 and was renewed subsequently, up to 2-3-2005 and was also countersigned by the STA, Karnataka. Appellant filed an application before the Primary Authority for renewal of the permit, for a further period of five years and the STA, Kerala, by its proceedings dated 7-12-2004, renewed the permit up to 2-3-2010 and the same was also counter-signed by the STA, Karnataka. Respondent Nos. 2 and 3 preferred revision petitions before the Karnataka State transport Appellate Tribunal, Bangalore (for short, "the Tribunal") contending that, the renewal of counter signature by the STA, karnataka is contrary to the provisions of the act and also the decisions of the Hon'ble supreme Court in the cases of Ashwani kumar v. Regional Transport Authority, bikaner reported in AIR 1999 SC 3888 and a. Venkatakrishnan v. State Transport Authority, Kerala reported in 2004 (11) SCC 207. The said petitions were contested by the appellant, principally on the ground that, the permit granted under the Indian Motor Vehicles Act, 1939 (for short "the old Act") are saved under Section 217-A of the Indian motor Vehicles Act, 1988 (for short, "the act") and the two decisions of the Hon'ble supreme Court in the said cases, are in relation to grant of fresh permits and have no application to the renewal of the counter signature of the permit of the appellant and that the revision petition is also not maintainable on the ground that, the renewals made on 17-8-1992 and countersigned thereafter from time to time, were not challenged.