DIVISIONAL MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION RAJAHMUNDRY Vs. STATE TRANSPORT APPELLATE TRIBUNAL HYDERABAD

JUDGEMENT

(1.) All the writ petitions can be conveniently disposed of by a common judgment.

(2.) Writ Petition Nos. 18087/97, 18098/97, 18116/97 and 18162/97 are filed by the APSRTC against the orders of the State Transport Appellate Tribunal dated 31-5-1996 directing the Secretary, RTA to issue permits to the appellants therein on the routes applied for subject to permission of the Transport Commissioner, within four months from the date of such permission. The Writ Petition No. 32055/98 was filed by one Ch. Venkatratnam, who is the 3rd respondent in Writ Petition No. 18098/97 challenging the proceedings of the Transport Commissioner, dated 2-9-1998 in RNo. 11645/E/397 rejecting the grant of permission under Rule 258(2)(ii) of APMV Rules. It is his case that he and some other persons filed applications for grant of pucca stage carriage permits. He also filed an application for temporary permits. However, by virtue of the interim directions of this Court, the petitioner was directed to be granted temporary permits pending disposal of the writ petition. Accordingly, he was granted three temporary permits. Since the authorities are interfering with the operation of the bus, the petitioner filed WP No.22255/97 and this Court passed an order directing the Transport Commissioner to consider and dispose of the matter under Rule 258 of APMV Rules. Thereafter, the Secretary, RTA Kakinada, sent proposals to the Transport commissioner for according permission and finally the permission was refused by an order dated 2-9-1998. The said order is assailed in this writ petition.

(3.) Before dealing with the aforesaid batch of three cases, it is necessary to refer to certain facts leading to filing of this writ petition and other writ petitions. Four applications were filed seeking grant of stage carriage permit on the route GB Stand to Chinakondepndi via Katheru, Muggalla etc. The applications were rejected by the RTA on the ground that the route on which the permit was sought for was overlapping the notified scheme published in G.O. Ms. No.604/1978, 644/1978 and 291/1976. Aggrieved by the rejection of the applications by the RTA the applicants filed four appeals namely AP Nos.285/ 1995, 6/1996, 5/1996, and 49/1996 before the Slate Transport Appellate Tribunal. The learned Tribunal after considering the matter allowed the appeals setting aside the order of the Regional Transport Authority and directed the authorities to issue permit to the applicants subject to the permission of the Transport Commissioner within four months from the date of such permission. Four writ petitions have been filed by the APSRTC challenging the order passed by the State Transport Appellate Tribunal in four appeals referred to above. While the matters are pending before this Court, the Transport Commissioner passed an order dated 2-9-1998 rejecting the permission on the following grounds :