PARSHOTTAM LAL Vs. S T A TRIBUNAL

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India, it is directed against an order of the State Transport Appellate Tribunal, U.P. declining to implead the petitioner in a Revision.

(2.) BRIEFLY stated the material facts are these :- By resolution dated 6/7-7-1967, the Regional Transport Authority, Dehradun (hereinafter referred to as the Transport Authority) increased the strength of the Saharanpur-Gangoh-Jalabad Route from 45 to 90 stage carriages. In consequence of the increase in strength the Transport Authority invited applications for the grant of permanent permits on the aforesaid route. In response the petitioner as well as some others made applications. The applications were published in the U.P. Gazette.

(3.) AGGRIEVED by the aforesaid order of the Tribunal, the petitioner has filed this petition. Learned counsel for the petitioner submitted that the impugned order is erroneous in law, having been passed by the Tribunal on a patent misapprehension of the true legal position, as regards right or interest of the petitioner. Learned counsel placed considerable reliance on the second proviso to Section 64 of the Motor Vehicles Act and on its basis urged that the petitioner would be inevitably adversely affected if the Revision is allowed and the order of the Transport Authority sanctioning increase in the strength is set aside.