AFTAB AHMAD Vs. STATE TRANSPORT APPELLATE TRIBUNAL LUCKNOW

JUDGEMENT

(1.) Heard Sri L. P. Naithani, learned counsel for the petitioner and Sri A. D. Saunders, learned counsel for the Caveator.

(2.) This writ petition has been filed against the impugned order dated 30-12-1996 and 27- 111996. It appears that there is a route known as Ramnagar Deghat via Bhatroj Khan which is within the jurisdiction of R.T.A. Kumaun, Kathgodam. The petitioner applied for a permanent stage carriage permit on the said route on 2910-1996 and his application was supported by a time-table. The respondent Nos. 3 and 4 had earlier applied for permit on this route on 29-31996 and their applications came up before the R.T.A. on 27-11-1996 as stated in paragraph 6 of the petition. On that date the permits were granted to the respondents 3 and 4 but the application of the petitioner and others were postponed. Against this order, the petitioner filed a revision before the Tribunal which was dismissed by the impugned order dated 30-12-1996. Hence this petition.

(3.) Under the new Motor Vehicles Act of 1988 the policy is for grant of free permit subject to any restriction imposed by the provisions of the Act. Thus the old concept of strength of the route as provided in the old Motor Vehicles Act has been done away with. Therefore, ordinarily all permits applied for any route are to be granted unless the route or part thereof is nationalised or there is some prohibition or restriction by any provision of the new Act. Section 70(2) of the Motor Vehicles Act 1988 states :