CAPITAL ROADWAYS AND FINANCE Vs. STATE TRANSPORT

JUDGEMENT

(1.) AGGRIEVED by the order dated 13.12.2001 of the learned Single Judge passed in Writ Petition No. 1755 of 2001 of this Court the petitioner-appellant has filed this letters patent appeal praying for renewal of Inter-State permit for the route of Itarsi to Nagpur under reciprocal agreement.

(2.) THE admitted facts of the case are that the petitioner was having original permit Nos. 11/1951 and 143/1964 for the route in question. On 30.12.1992 both the permits were amalgamated into a single permit No. 11/1951. There was an Inter-State agreement between the State of Madhya Pradesh and Maharashtra State in respect of route in question. The original Inter-State agreement expected on 31st March, 1967 which was revised from time to time and was replaced by Inter-State agreement published in Madhya Pradesh Gazette dated 19th July, 1974. After coming into force of the new Motor Vehicles Act, 1988, the permit of the petitioner was last renewed on 14th November, 1995 for a period of five years i.e. upto 30th November, 2000.

(3.) THE contention of the learned Counsel of appellant is that the orders of the learned STA, STAT as well as of the learned Single Judge passed in writ petition are vitiated under the law because they failed to consider the provisions of the Scheme No. 82 under which the permit of the petitioner-appellant was saved. However, the learned Counsel of the Madhya Pradesh State Road Transport Corporation, on the other hand, has supported the order of the learned Single Judge and raised a preliminary objection that no letters patent appeal lies against the order of the learned Single Judge.