JAGDISH LAL Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) THESE two petitions involve common question of law and facts, therefore, it is proper to dispose of them by common order.

(2.) THESE petitions are directed against the common orders dated th August, 1988 and 8th August, 1988 passed by State Transport Appellate Tribunal U. P. Lucknow allowing the appeals under section 64 of Motor Vehicles Act, 1939 (for short the Act), preferred by the respondents 3 to 16 against the petitioners who were granted Stage Carriage Permits by the Regional Transport Authority, and remanding the case to the Regional Transport Authority for decision afresh.

(3.) LEARNED counsel for the petitioners urged that there was no power of remand with the State Transport Appellate Tribunal while deciding an appeal under section 64 of the Act It was further urged that the application for the grant of permit on Bilaspur-Ahri-Shishgarh was within the jurisdiction of Regional Transport Authority Bareilly therefore that application made by Abdul Shami Khan cannot be decided by Regional Transport Authority Moradabad and the same cannot be made basis for the order of remand passed by the Appellate Tribunal. Reliance was placed on a Division Bench decision of this Court dated 29-9-78 in Civil Misc. Writ Petition No. 8527 of 1978 Smt. Premlata v. State Transport Appellate Tribunal Lucknow and Trubuddin Haji Niaz Ahmad v. Commissioner Meerut Division Meerut, AIR 1972 Alld. 146.