P YAGNARAYANA Vs. STATE TRANSPORT HYDERABAD

JUDGEMENT

(1.) The writ petition is filed challenging the orders of the State Transport Appellate Tribunal dated 6-1-1995 in A.P.No. 107/93.

(2.) The Petitioner filed an application before the 1st respondent for grant of regular stage carriage permit on the town service route from Saibaba Temple in N.G.O's Colony (Nellore) to Chinnacherukur via Raja Rajeswari Temple, D.S.R.G. Hospital etc. The 2nd respondent rejected the said application in Item No.1, R.No. 6323/A3/92 in Circulation on the ground that there is a prohibition contained in the notified scheme published in the G.O.Ms.No.113, dt. 13-2-1987. Against the said order, the petitioner filed an appeal in A.P.No. 107/93 before the 1st respondent and the same was dismissed on 6-1-1995. Against the said order, the present writ petition is filed.

(3.) The learned Counsel for the petitioner submits that the 1st Respondent- Tribunal without rendering any finding as to whether the petitioner is entitled for permit or not, erroneously dismissed the appeal. It is also his contention that the Tribunal allowed M.P.No. 420 /1994 and permitted the petitioner to modify the route N.G.Os Colony to Narayanareddypet. Having allowed the said application, it is deemed that the application of the petitioner for permit was on the said route only. Therefore, the Tribunal ought to have remanded the matter to the 1st respondent for consideration when the application was modified for grant of permit on the route N.G.Os Colony to Narayanareddypet. The Tribunal ought not to have dismissed the appeal.