N S KURIAKOSE Vs. R T A ERNAKULAM

JUDGEMENT

(1.) The appellant the petitioner in O. P. No. 439 of 1965 applied for a renewal of the stage carriage permit issued in respect of his vehicle: K.L.K. 2079. The application was "sanctioned" by the 1st respondent, the Regional Transport Authority, Ernakulam on the 14th February 1964.

(2.) The "sanction" of the application, however, was revoked by the said Authority on the 5th September 1964; and the appellant appealed to the 2nd respondent, the State Transport Appellate Tribunal, Ernakulam. His appeal M.V.A. Appeal No. 204 of 1964 was held to be incompetent and dismissed on that account. The conclusion of the Tribunal has been accepted in the Judgment under appeal; and the sole question for determination is whether the appeal to the Tribunal was competent as contended by the appellant.

(3.) It is settled law that a right of appeal is not a natural or inherent right, and that it does not exist unless expressly granted by a statute or rules having the force of a statute. The maximum that can be said in favour of an appellant is that in cases of doubt arising from the wording of a grant, he should be entitled to the benefit of that doubt.