KISHAN LAL Vs. STATE OF TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) THIS writ petition has been filed for the following reliefs :-

(2.) BRIEF facts giving rise to the writ petition are that one Chandra Bhushan Sharma was holding a regular stage carriage permit no. 1053-k in his name on Haldwani-Kaladhungi-Bazpur-Doraha-Sultanpur patti-Kashipur route in respect of vehicle No. UMM-44, who could not manage the operation of the vehicle covered by the aforesaid permit due to his old age and he incurred heavy losses. The petitioner was his old friend. Sri Chandra Bhushan Sharma proposed to sell the vehicle to the petitioner and asked him to provide the permit as a gift. The vehicle was purchased by the petitioner on payment of sale consideration and possession thereof was given to the petitioner by the seller. Chandra Bhushan Sharma remained notional holder of permit till the transfer of permit in the name of the petitioner.

(3.) SRI Chandra Bhushan Sharma and the petitioner moved an application jointly on 20-9-2001 for the transfer of permit No. 1053-k in the name of the petitioner. The said application remained pending before respondent No. 2 for a long time. Thereafter, report from the District Magistrate Udham singh Nagar was sought, who in turn certified that no sale consideration in respect of the permit had passed on. As per report, the transfer was genuine and there was nothing objectionable. As such, according to the petitioner, there was no impediment in the transfer of permit in the name of the petitioner.