MUKTHA V RAI Vs. NAGESWAR RAO

JUDGEMENT

(1.) An interesting question regarding the meaning and purport of "distance", "extension" and "variation" appearing in S.80 of the Motor Vehicles Act, 1988 arises for consideration in these Writ Appeals. The appellants have been granted variation of the condition of their permits by the inclusion of a new area. They are inter state stage carriage operators having granted permits originally to operate between Mangalore and Dharmathadka via. Bandiyode. Subsequently, they sought for variation in the condition of the permits by including a variation from Bandiyode to Kasargod and back to Bandiyode and then proceed to Dharmathadka. The distance from Bandiyode to Kasaragod is only 18 KMs. and on that ground the variation was granted by the Karnataka Authority which was counter signed by the Kerala Authority. Aggrieved party respondents challenged the same before the State Transport Appellate Tribunal which did not interfere with the matter. Thus aggrieved, they filed the Original Petitions.

(2.) The learned Single Judge who interpreted Clause. (ii) of the second proviso to S.80(3) of the Act was of the view that the variation in the conditions of the permits in these cases was 'extension'. It was also observed that the route Mangalore - Dharmathadka by the extension takes in three termini and that the extension is of more than 24 KMs. In that view of the matter the impugned orders passed by the State Transport Authority as also the State Transport Appellate Tribunal were quashed. Hence the present Writ Appeals by the aggrieved respondents.

(3.) Sub-s.(3) of S.80 of the Motor Vehicles Act, 1988 reads as follows: