K N V M TAYARU Vs. S TAT

JUDGEMENT

(1.) The petitioner has questioned the order of the State Transport Appellate Tribunal, Hyderabad, dated 28-3-1994 passed on its file No. A.P. 973/93. By this order, the said Appellate Tribunal dismissed the appeal filed by the petitioner, confirming the resolution of the Regional Transport Authority, dated 24-5-1993. Both the authorities dismissed the application filed by the petitioner for grant of one pucca stage Carriage permit regarding the route applied for by the petitioner, on the ground that a distance of 1.6 K.Ms. overlaps on the notified route approved in G.O.Ms.No. 782.

(2.) The learned counsel for the petitioner assailed both the judgments by raising the following points:

(3.) Elaborating the first point, the learned counsel for the petitioner contended that the said overlapping of 1.3 K.Ms, is a matter of intersection and the same is permissible. He relied upon the Division Bench Judgment of the High Court of Karnataka reported in "Karnataka State Road Transport Corporation, Bangalore vs. Karnataka State Transport Appellate Tribunal, Bangalore and others". On the other hand, the learned Standing Counsel for the A.P.S.R.T.C. relied upon the judgment of the Division Bench of this Court passed in W.A.Nos. 206 and 207 of 1995, dated 31-10-1995.