A RADHAKRISHNA GUPTA Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) THIS is the yet another round of 25 years old litigation pertaining to the application of respondent No. 4 for a pucca stage carriage permit on the route madakasira-Dorigallu. In the immediately preceding round, this Court allowed WP no. 24167 of 2000 filed by respondent No. 4 and remanded the case to the State Transport appellate Tribunal (for short, 'the Tribunal')for rendering a specific finding with reference to the record as to whether the predecessor-in-interest of respondent no. 4 was an existing operator on the route Madakasira to Dorigallu as on 4. 3. 1978 when approved schemes were notified on a part of the said route. After remand, the Tribunal passed order on 17. 10. 2008 answering the said issue in favour of respondent No. 4. Feeling aggrieved by the said order, the petitioner filed the present writ petition.

(2.) THIS writ petition was specially posted before this Court on the direction of the Hon'ble the Chief Justice. When the writ petition came up for admission, the learned Counsel for the petitioner and respondent No. 4 agreed for final disposal at the admission stage. After hearing the case on 14. 11. 2008, it was adjourned to 18. 11. 2008 to enable the Government Pleader for Transport to produce original record pertaining to the case. Learned Government pleader produced the permit register. He, however, reported that the file containing resolutions of the Regional Transport authority, Anantapur, was not traceable despite serious searches. The learned counsel advanced further arguments and thereafter orders were reserved.

(3.) BOTH the official and private respondents have filed their respective counter-affidavits.