C VENKATAPPA NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ appeal is directed against the judgment of our learned brother Gopalakrishnan Nair dismissing the writ petition filed by the appellant for the issue of a writ of certiorarl to quash G. O. Rt. No. 412, Home (Transport III) Department dated 6/02/1965 passed by the Government in Home Department, confirming the order dated 9-10-1884 of the Transport Appellate Authority The facts leading to this appeal are:

(2.) The 4th respondent was plying two stage carriage on the Markapur-Nandyal road. One Venkatasubbarao obtained another stage carriage permit to ply on the same route which was granted with tenative fixed timings. Thereafter he applied for rotation of timings on the route to cover all the buses plied on it. The Regional Transport Authority, Kurnool granted rotation of timings as prayed for by Venkatasubbarao. The 4th respondent thereupon preferred an appeal to the State Transport Authority. That appeal was rejected as time-barred. Aggrieved by the order he filed a revision to the Government which also was dismissed. He thereupon came to this court in Writ Petn. No. 894 of 1959. This petition was dismissed subject to the directions that the Government might consider whether it could condone the delay on the part of the 4th respondent in filing the appeal before the State Transport Authority.

(3.) In pursuance of this observation the Government condoned the delay and remitted the appeal for consideration on merits to the State Transport Authority. That Authority allowed the appeal and sent the matter to the Regional Transport Authority for fresh consideration. The Regional Transport Authority dismissed the petition for rotation of timings. Prior to this, i.e., on 17-9-1961 the stage carriage of Venkata-Bubba Rao was purchased by the appellant who consequently upon a valid transfer of the permit in his favour for plying stage carriage on the Markapur-Nandyal route filed Writ Petition No. 323 of 1962 against the R. T. As order rejecting Venkatasubba Raos application for rotation of timings. That writ petition was allowed. The matter then went back to the R. T. A. for being considered on the merits The Regional Transport Authority, Kurnool on 21-6-1963 granted an application of the appellant for rotation of timings,