SURESH CHAND MAHESWARI Vs. S.T.A.T.

JUDGEMENT

(1.) THIS petition has been preferred .under Article 227 of the Constitution of India challenging the order of stay passed by the Tribunal in Revision No. 613/97, which was preferred before it by respondent no. 3, observing that the provision of sub -rule (3) of Rule 72 of the M.P. Motor Vehicle Rules was not complied with which requires filing of certain documents with the application for the grant of permit. It is curious enough that even for prima facie consideration the record was not before the Tribunal when the order under challenge was passed. Such matters can be decided only when the record is available before the Tribunal. The proper course for the Tribunal was to call for the record and then to proceed to pass the proper order on the stay application. There being no material before the Tribunal for passing the order under challenge except the affidavit of the applicant, we quash the order and direct the Tribunal to hear both the parties after the record is received by it and to pass suitable order afresh.

(2.) BEFORE parting with the order, we think it necessary to direct the R.T.A., Ujjain to send the relevant record to the State Transport Appellate Tribunal within ten days and the learned Tribunal shall thereafter decide the matter as early as possible.