(1.) This letters patent appeal has been preferred against the judgement of a learned single Judge of this Court dated 30th November, 1985 in Misc. Petition No. 298 of 1985. The facts necessary for the disposal of this appeal in a nutshell are that applications for grant of stage carriage permit on Guna Sironj route were invited by the Regional Transport Authority. It appears that four applications were made, one by Moulana Bus Service, the other by Ved Sagar Sood, the third by Satyendra Prakash Tiwari and the fourth by M/s. Shakti Transport Service. The application of Moulana Motor Service was allowed on 24th August, 1977 and permit was issued accordingly to Moulana Motor Service for three years. Aggrieved by the order dated 24th August 1977, Ved Sagar Sood, Satyendra Prakash Tiwari and M/s. Shakti Transport Service preferred appeals before the State Transport Appellate Tribunal, being Appeals Nos. 308 of 1977, 331 of 1977 and 333 of 1977 respectively. During the pendency of these appeals, however, the three years' period of the permit granted to Moulana Motor Service came to expire. Before the expiry of the term of the permit, Moulana Motor Service made an application for renewal. Since an application made for renewal in view of Sub-Sec. (2) of S.58 of the Motor Vehicles Act, 1939 (hereinafter referred to the Act) is to be made and disposed of as an application for a permit, fresh application for grant of permit were also invited. Among others, M/s. Kamla Bus Service made an application for the grant of permit. The R.T.A. by its order dated 27th June, 1981 rejected the application of Moulana Motor Service for renewal and the application of M/s. Kamla Bus Service was allowed. A perusal of the order of the R.T.A. dated 27th June 1981, a copy whereof is on record, indicates that the permit number which had been granted to Moulana Motor Service in 1977 and which was valid up to 29th December, 1980 was 42 of 1977. The application for renewal had been made by Moulana Motor Service of this permit No. 42 of 1977 and that by the order dated 27th June, 1981 aforesaid on the dismissal of the application for renewal it was this very permit No. 42 of 1977 which was granted to M/s. Kamla Bus Service. These facts are to be found in the first and the penultimate paragraphs of the said order dated 27th June, 1981.
(2.) Moulana Motor Service preferred appeal No. 93 of 1981 before the State Transport Appellate Tribunal against the order of the Regional Transport Authority dated 27th June, 1981 dismissing its application for renewal. This appeal was allowed by the State Transport Appellate Tribunal but on a writ petition being filed by M/s. Kamla Bus Service, being M.P. No. 133 of 1982, the order granting renewal to Moulana Motor Service was quashed with the result that the grant of permit in favour of M/s. Kamla Bus Service by order dated 27th June, 1981 stood revived.
(3.) At this place it may be pointed out that Ved Sagar Sood who was one of the co-applicants for the permit in 1977 and who had preferred appeal No. 308 of 1977 against the order of the R.T.A. dated 24th August, 1977 is said to have died on 24th April, 1978 and his heirs entered into a partnership in the name of M/s. Kamla Bus Service. It is this Kamla Bus Service which was granted permit No. 42 of 1977 aforesaid consequent upon the dismissal of the application for renewal made by Moulana Motor Service. As is apparent from the record, on the death of Ved Sagar Sood, his widow, three sons, four daughters and M/s. Kamla Bus Service, Guna, were impleaded in his place in Appeal No. 308 of 1977 as appellants Nos. 1 to 9 and thus had ample opportunity to press Appeal No. 308 of 1977 filed by Ved Sagar Sood. The State Transport Appellate Tribunal by its order dated 4th June, 1985 dismissed Appeal No. 308 of 1977 filed by Ved Sagar Sood and Appeal No. 333 of 1977 filed by M/s. Shakti Transport Service, but allowed Appeal No. 331 of 1977 filed by Satyendra Prakash Tiwari. Accordingly, the order of the R.T.A. dated 24th August, 1977 whereby permit had been granted to Moulana Motor Service was set aside and regular stage carriage permit on the route concerned was granted to Satyendra Prakash Tiwari who was appellant in Appeal No. 331 of 1977. Aggrieved by this order, the heirs of Ved Sagar Sood including M/s. Kamla Bus Service referred to above filed Misc. Petition No. 298 of 1985 in which the order appealed against, dated 30th November 1985, has been passed. By this order the matter was permitted to the Tribunal for consideration of the question as to whether there had been no life in the lis which had to be adjudicated by the Tribunal in the three appeals mentioned above after refusal of the application of Moulana Motor Service for renewal and grant of fresh permit in favour of M/s. Kamla Bus Service. The present appeal has been filed by Satyendra Prakash Tiwari whose Appeal No. 331 of 1977 was allowed and to whom permit was ordered to be granted by the State Transport Appellate Tribunal by its order dated 4th June, 1985.