APSRTC Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) The Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C), being aggrieved by the rejection of its revision in RP. No. 448 of 2003 by the State Transport Appellate Tribunal, Hyderabad, on the ground of limitation, filed the present writ petition.

(2.) The said revision was filed under Section 90 of the Motor Vehicles Act, 1988 (for brevity 'the Act of 1988') aggrieved by the grant of permit to S.V.V.S.S. Devasthanam, Annavaram, East Godavari District by the Secretary, Regional Transport Authority, Kakinada on the mofussil route Annavaram to Danavaipet.

(3.) In the first instance, when the Devasthanam was granted permit dated 23.04.2001 in respect of this route, the same was challenged by the A.P.S.R.T.C in Revision Petition No. 19 of 2001, which was allowed by the State Transport Appellate Tribunal, Hyderabad, by order dated 12.11.2002 remanding the matter to the Regional Transport Authority, Kakinada. Thereupon, after affording an opportunity to both the parties on 25.01.2003, the order was passed by the Secretary, Regional Transport Authority, Kakinada, granting the permit to the Devasthanam. It is however to be noticed that the said order, though it bears the date 25.01.2003, was actually signed by the authority on 07.04.2003. The proceedings issuing the permit in favour of the Devasthanam were subsequently passed on 30.07.2003, valid for a period of five years, i.e. upto 29.07.2008. The permit is stated to have been renewed thereafter.