NIRMAL TIWARI Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) HEARD Mr. K.N. Joshi, learned counsel for the petitioner and Mr. Pankaj Tangwan, learned counsel for the respondent No. 1. None is present for respondent No. 2 inspite of sufficient service. By means of this writ petition, the petitioner has sought following relief: -

(2.) THE case of the petitioner is that he was granted permit to run and operate bus in between Nanak Sagar -Khatima 13 Kms. route by the Regional Transport Authority Kumaun Region vide order dated 16.12.2004, Against the order dated 16.12.2004, respondent No. 2 Sri Satnam Singh, an existing operator, filed a revision before State Transport Appellate Tribunal, Dehradun. Vide order dated 8.7.2005, respondent No. 1 passed an ex -parte order and allowed the revision of respondent No. 2. Recall application of the order dated 8.7.2005 was also moved by the petitioner, which was also dismissed. Hence, this writ petition has been filed by the petitioner.

(3.) LEARNED counsel for the petitioner has relied upon a Full Bench Judgment of Kerala High Court, Binu Chacko vs. Regional Transport Authority, Pathanamthitta and another reported in : AIR 2006 Ker 177 (Full Bench) wherein it was held that the existing operator cannot invoke revisional jurisdiction on sole ground that grant of permit to opposite party prejudicially affects his rights.