KISHAN LAL Vs. STATE TRANSPORT APPELLATE TRIBUNAL UTTARAKHAND

JUDGEMENT

(1.) THIS writ petition has been filed for the following reliefs:- (a) Issue a writ, order or direction in the nature of certiorari quashing the judgment and order dated 16- 3-2007 passed by respondent No. 1 in Appeal No. 7/2004 as contained in Annexure No. 4 and the order dated 29/30-7-2003 passed by respondent No. 2 so far as it relates to remand of the matter. (b) Issue a writ, order or direction in the nature of mandamus commanding the respon dent Nos. 1 and 2 to transfer the permit No. 1053-k in the name of the petitioner. (c) Any other writ, order or direction may also be issued. (d) Costs of the writ petition may also be awarded to the petitioner.

(2.) BRIEF facts giving rise to the writ peti tion 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 opera tion 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 pro posed 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.) AGGRIEVED by the order aforesaid, the petitioner preferred an Appeal bearing No. II 2004 Kishan Lal v. Regional Transport Au thority (for short R. T. A.) and five others before respondent No. 1 on 19-1-2004.