L RAGHURAMAN Vs. STATE TRANSPORT APPELLATE TRIBUNAL TB

JUDGEMENT

(1.) Noticing a conflict in the decisions of the Supreme Court in K.S.R.T. Corporation, Bangalore v. B. A. Jayaram, AIR 1984 SC 790 and Pandiyan Roadways Corporation Ltd. v. Thiru M.A. Egappan, AIR 1987 SC 958 M. N. Rao, J. (as the learned Chief Justice then was) has referred the matter to a division bench or a full bench.

(2.) Facts : The petitioner is a permit holder of an inter-State route from Aragonda to Vellore viz Chittoor. Some inter-State routes were nationalised in the year 1976 in relation whereto the approved scheme was published in the gazette on 7-12-1976. Admittedly, there has been a partial overlap in the said route on the sector Andalur to Chittor. The existing inter-State operators have been exempted from the operation of the said scheme.

(3.) In terms of the said inter-State agreement the maximum number of vehicles that could be plied are two with 12 singles. The petitioner had one vehicle plying six singles.