SUMER CHAND SHARMA Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) SUMER Chand Sharma has filed this writ petition under Article 226 of the Constitution of India to assial the validity of the order dated 30-6-1989 of the Chairman, State Transport Appellate Tribunal, U P. passed in revision No. 84 of 1981 under Section 64-A of the Motor Vehicles Act, 1939 Through this impugned order, the Tribunal set aside the order dated 25-6-1981 of the Regional Transport Authority, Dehradun where under transfer of half share in the regular stage carriage permit No 803 on Manglaur-Lakhnoti via Asif Nagar and allied routes (covered by vehicle HRR 189) was permitted in favour of present petitioner SUMER Chand Sharma.

(2.) IT is the undisputed position that permit for this route was granted in the year 1973 to Sukhbir Singh Sharma, respondent no. 4 by the R. T. A. Dehradun. This permit was lifted by respondent Sukhbir Singh Sharma with reference to the said vehicle in the year 1975. Sukhbir Singh Sharma entered into an agreement to transfer half share in the said vehicle aloogwith its covering permit in favour of respondent no. 3 Dhanpal Singh. This transfer was allowed by R. T. A. by order dated 9-4-1975. Respondents 4 and 3, as such were the co-owners and co-permit holders in respect of the said vehicle and the permit.

(3.) THE order of the R. T. A. was challenged before the State Transport Appellate Tribunal and the revision was allowed as aforesaid.