FIROZ Vs. R T A MALAPPURAM

JUDGEMENT

(1.) Petitioner is holder of a pucca permit on the route Kannur - Guruvayur via. Vadakara. The permit was to run the bus as a fast passenger service. When the original permit expired, petitioner applied for renewal of the same. Pending consideration of renewal of permit, application for temporary permits were called for. His application for issuing temporary permit was rejected by Ext. P2 order. Petitioner filed appeal before the State Transport Appellate Tribunal. By Ext. P3 judgment in MVAA No. 453/97 petitioner's appeal was partly allowed. Petitioner was allowed temporary permit as limited stop ordinary service instead of fast passenger service. Petitioner challenges this. According to the petitioner, since original permit was for a fast passenger service its renewal as well as issue of temporary permit also should be as a fast passenger service.

(2.) Petitioner relies on the decision of the Supreme Court in Gajraj Singh and Others v. State Transport Appellate Tribunal and Others ( 1997 (1) SCC 650 ). This decision only says that permit will lapse after expiry of the period for which it was initially grated unless application for renewal is made and renewal of permit amounts to fresh grant and it has to be exercised on the basis of rules of reason and justice and not arbitrarily. Hence grant of renewal is a mere privilege and not an accrued or a vested right. The Supreme Court also held that under S.81 when a new stage carriage permit is granted, it is not automatic and discretion is conferred by the statute on the authorities. Therefore, I am unable to accept the contention that when renewal of permit is applied for of a fast passenger service its renewal can only be as fast passenger service and automatically the authority should renew the same without applying the rules therein.

(3.) The Hon'ble Supreme Court in the same decision held that when there is delay in granting renewal of pucca permit, temporary permits can be granted. In fact, temporary permit was granted. But, there is no absolute right for the petitioner to insist that the temporary permit should be for a fast passenger service. S.81 of the Motor Vehicles Act, 1988 deals with renewal of permits which reads as follows: