KALIM MOHD. Vs. S.T. A.T.

JUDGEMENT

(1.) THIS is a petition challenging an order of the S.T.AT., reversing the order of the R.T.A in the matter of grant of a stage carriage permit against which another petition bearing No. 1319/93 (M.P.S.R.T.C. v. S.T.A.T. and Anr.) was heard alongwith this case and is being decided along with this case though by a separate order.

(2.) THE short point involved is whether the petitioners who had objected to the grant of permit to respondent No.3 were necessary parties to be heard in an appeal filed by respondent No.3 against the decision of R.T.A Indore before the S.T.A.T. This point has to be considered in the light of our decision in M.P. No. 730/93 and M.P .No. 969/93 wherein we have held that all those who had objected to the grant of permit before the R.T.A had to be given an opportunity of hearing · before the appellate Authority.

(3.) IT is contended on behalf of the respondent No.3 that M.P.S.R.T.C., Guljar Khan -petitioner No.2; M/s. Manchar Travels petitioner No.3 only had filed objections before the R.T.A and, therefore, petitioner No.1 -Kalim Mohd. who had not filed any objection had no right to claim any hearing now. It was contended that objection of M/s. Balwant ssingh Chabda Bus Service was filed beyond time specified by the R. T.A and, therefore, no right of hearing can be claimed by that party also. It was further contended that only the objections of M.P.S.R.T.C. and Guljar Khan were upheld by the R.T.A and, therefore, at best these two parties could only be said to be affected. It was further contended that the present case is distinguishable from M. P. No. 730/93 and M. P. No. 969/93 decided by this Court. The petitioners also tried to argue on the merits of the timings fixed by the lower tribunals.