BABULAL POUJDAR MOTOR SERVICE Vs. STATE TRANSPORT

JUDGEMENT

(1.) THE petitioner is a Bus operator on a portion of the route in question, i.e. Betul to Khandwa. The petitioner objected to the grant of renewal of permit for the route in question and the change of timings proposed by regular permit holder Respondent No. 3. The RTA by the impugned order dated 9.7.1982 (Annexure-A) turned down the objection of the petitioner and granted renewal and change of timings in favour of the Respondent No. 3.

(2.) THE petitioner then approached the State Transport Appellate Tribunal in appeal. The Appellate Tribunal by the impugned order dated 25.12.1983 upheld the objection of the petitioner with regard to the change of timings. The change of timings granted in favour of the respondent No. 3 were, therefore, set aside. So far as the objection to renewal is concerned, the Appellate Tribunal held that as the permit Was very old, it was not proper to interfere in the grant of renewal at the instance of the objector.

(3.) THE learned Counsel for the petitioner argues that on the above observation made by the appellate Tribunal in its order the objection against renewal should have been allowed as there was bad performance and poor operational record due to non-maintenance of the route during night. Learned Counsel further argues that in not interfering in the matter of renewal, only because the permit was old, the Appellate Tribunal ignored the public interest. Reliance is placed on Patiala Bus (Sirhind) Pvt. Ltd. v. State Transport Appellate Tribunal, Punjab and Ors. AIR 1992 SC 100, MA. Gurcharan Singh Baldev Singh v. Yashwant Singh and Ors. 1960 MPLJ Short Note 101 N.L. Gupta v. Kishori and 1964 MPLJ Short Note 40 Hemandas and Bros. Bus Service v. S.T.A.A.