SHERBABE Vs. STATE TPT.

JUDGEMENT

(1.) THE petitioner was a holder of regular contract carriage permit No. 327/88 to ply 23 seaters vehicle which was valid upto 6.6.80. The petitioner applied for renewal of the said permit for a period of five years. The application was published under Section 57(3) of the Motor Vehicles Act, 1939, now repealed by the M.P. Motor Vehicles Act, 1988. During the pendency of the renewal application, the original permit holder-Mohammad Hussain-expired on 12.12.79 and the present petitioner is his widow who applied for substitution of her name in the application for renewal and transfer of the permit. The renewal was objected to only by the M.P. State Road Transport Corporation on the ground that it would effect the nationalisation scheme No. 64-M, 70-M, 78,79 and 83. The objection was that the renewal cannot be granted under Section 68-F(1-D) of the repealed Act.

(2.) THE Regional Transport Authority, Indore did not pass any order on the application for renewal of the permit. The petitioner again filed a second application for renewal after 7.6.83. The second application was also published.

(3.) THE petitioner preferred an appeal to the State Transport Appellate Tribunal, Gwalior which rejected the appeal and maintained the order of the Regional Transport Authority. The respondent No. 3 was co-applicant for contract carriage permit and was granted permit prayed for the limited area.