MANGAL SINGH THAKUR Vs. REGIONAL TRANSPORT AUTHORITY, INDORE

JUDGEMENT

(1.) By this misc. petition under Article 227 of the Constitution, petitioner has challenged the order dated 14/11/2019 passed by the State Transport Appellate Tribunal (STAT) allowing the revision petition of the respondent No.2 and setting aside the order of grant of permanent permit dated 27/02/2017 and the consequential permit issued to the petitioner.

(2.) The brief facts that that the petitioner had filed the application dated 09/01/2017 before the respondent No.1 for grant of permanent stage carriage permit for the route Badwani to Indore via Anjad, Davana, Thikri, Khalghat and Dhamnod for the deluxe bus No.MP 09 FA 7345. The respondent No.2 had filed objection. The respondent No.1 thereafter had passed the order dated 27/02/2017 allowing the application for grant of permit by sanctioning the permit and consequently the permit (Annx.P/3) valid till 31/03/2022 for a period of 5 years was issued. The respondent No.2 had challenged the order granting permit in revision before the STAT and by the impugned order, the revision petition has been allowed.

(3.) Learned counsel appearing for the petitioner submits that Rule 72(3) is not mandatory in nature, therefore, the petitioner was not required to file the no tax dues certificate. He further submits that even if column No.15 of the application form was left blank, that would not be fatal because there is no bar to the family members to hold the simultaneously permit. He further submits that the revisional authority is not justified in holding that the petitioner was not having temporary permit and that the respondent No.2 being a competitor cannot question the petitioner's permit.