PARIHAR TRANSPORT COMPANY Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) CALLING in question the tenability of an order Annexure -P7 dated 4th of March, 2014 passed by the M.P. State Transport Appellate Tribunal, this writ petition has been filed under Article 227 of the Constitution.

(2.) RECORDS indicate that for the route in question, an application was filed by the petitioner on 11.12.2012 and vide permit granted on 26.4.2013 Annexure -P1, the application was allowed. The same was challenged by Respondent No. 3 mainly on the ground that the route in question, for which, permit has been granted was itself formulated on 24.12.2012 and, therefore, the grant made prior to formulation of the route is unsustainable.

(3.) SHRI Rahul Jain and Shri Baghel, learned counsel for the respondents invited our attention to the principle laid down by the Division Bench in the case of Ashis Kumar Jain Vs. MP State Transport Appellate Tribunal & Ors. : 2010(3) MPLJ 60, consideration of the aforesaid judgment by the tribunal in Paragraph -29 and argued that if the requirement of law is considered, then the application itself for grant of permit can be filed only after the route is formulated and as the application in this case is filed prior to formulation of the route, the same is unsustainable. Inviting our attention to the facts of the present case, it is argued by the respondents that the route is formulated on 24.12.2012, whereas the application for grant of permit is submitted on 11.12.2012 i.e. much before formulation of the route and, therefore, applying the principle laid down in the case of Ashis Kumar Jain (Supra), the tribunal has decided the matter in accordance with law.