PADAM CHAND GUPTA Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioners have filed this petition against the order dt.4.7.2013 (Annexure P/1) passed by the State Transport Appellate Tribunal Gwalior and the order dt.12.11.2012 passed by the Regional Transport Authority.

(2.) Number of applicants applied for grant of permanent permit of a route Gwalior to Jhansi via Dabra, Datia of one return trip daily. It is an inter-State route and is a part of a reciprocal agreement between the State of M.P. and U.P. Earlier the route was part of a scheme. After de-notification of the scheme, the route was opened for private operators. Total 45 applications were received by the Regional Transport Authority. 16 persons including the petitioners made their objections. The respondent No.2 was granted the permanent permit of the route with one return trip. The petitioners also have the permanent permit of the route of different timing.

(3.) Learned counsel for the petitioners has submitted that the State Transport Appellate Tribunal did not consider the fact that the respondent No.2 had been given undue benefit in fixing the time because the respondent No.2 has been granted departure time of 1.30 p.m. from Gwalior and arrival at Jhansi on 4.30 p.m. and thereafter departure time of respondent No.2 from Jhansi is 5.30 p.m. and arrival at Gwalior at 8.30 p.m. The respondent No.2 has been granted time ahead of the petitioner, however, the respondent No.2 reaches Jhansi after the petitioner, hence it is arbitrary. It is further submitted that the vehicle, which was covered under the permit granted to the respondent No.2, was not available on the date of consideration of the permit because at that time the vehicle was covered under another permit No.558/09 Gwalior to Bhind route, hence the order of grant of permit in favour of respondent No.2 is contrary to law.