B SHAFIULLA Vs. STATE TRANSPORT APPELLATE TRIBUNAL HYDERABAD

JUDGEMENT

(1.) QUESTIONING the order dated 9. 8. 2002 passed in R. P. No. 96/2000 by the first respondent - State Transport Appellate tribunal, Hyderabad, (for short, 'stat')the present writ petition has been filed.

(2.) FACTS, in brief, are: The second respondent - State Transport Authority (for short, 'sta') having considered all the objections of the third respondent - Andhra pradesh State Road Transport Corporation (for short, 'apsrtc'), granted a pucca permit in favour of the petitioner, by order dated 22. 7. 2000 in R. No. 928/b1/98, on the enclave route from Hindupur Railway station to Mydugolam, via Laxmipuram, srikanthapuram, Pulamathi, Manepalli, srivaram Kanchisamudram and Nageragera. In pursuance of the said order, the Joint transport Commissioner and Secretary, sta, Andhra Pradesh, Hyderabad vide proceedings dated 10. 10. 2000 in R. No. 928/ b1/2000 issued pucca stage carriage permit in favour of the petitioner, for a period of five years commencing from 10. 10. 2000 to 9. 10. 2005. The total distance of the route is 25. 8 Kms. , which consists of 22. 0 Kms. , in the State of Andhra Pradesh and 3. 8 Kms. , in the State of Karnataka. The starting point, hindupur and the terminal point, Mydugolam situate in the State of Andhra Pradesh.

(3.) ACCORDING to the petitioner, as per the second proviso to sub-section (1) of section 88 of the Motor Vehicles Act, 1988 (for short, 'the Act'), the route in question is exempted from countersignature of karnataka STA. Further, as per subsection (6)of Section 88 of the Act, reciprocal agreements between the States should be published so far as it relates to counter-signature of permits. It is stated that the petitioner is plying the vehicle to the satisfaction of the travelling public and the Transport Authority by paying tax as per the classification of the vehicle. Be that as it may, APSRTC filed R. P. No. 96/ 2000 before the STAT questioning the grant of permit alleging that the route in question is not covered by the interstate agreement. The STAT allowed the said revision petition by order, dated 9. 8. 2002. Assailing the said order, the present writ petition has been filed.