VALLABHDAS Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) The petitioner in this petition is a transport operator and is carrying on the business of plying stage carriages on the strength of the permits granted to him under the provisions of the Motor Vehicles Act. The respondent No.3 Omprakash Agarwal is a new entrant in the transport business. He holds a permit for Navdatodi to Balakwada and Kawadia to Mandleshwar routes. The respondent No. 3 earlier tried to obtain a temporary permit from Balakwada to Khargone, but could not succeed. Thereafter the respondent No. (8) applied for grant of a temporary permit on the part of the route between Balakwada and Khargone. The petitioner objected to the grant of the permit. The Secretary, R.T.A. rejected the said application also.

(2.) Thereafter the attempt of respondent No.3 to obtain permit between Maingaon to Khargone was also unsuccessful. Thereafter he again applied for grant of a temporary permit between Balakwada to Khargone for a period from 27-12-88 to 25-4-89. However, despite the objection of the petitioner the permit was granted to respondent No.3, vide order of the Secretary, R.T.A., Indore dated 27-2-1989. The petitioner (respondent No.3) thereafter did not lift the temporary permit for about two months and thereafter filed another application for temporary permit on 17-4-1989 with effect from 21-4-1989 to 20-8-1989. The Secretary, RTA granted the permit, for the-aforesaid period to respondent No.3.

(3.) Aggrieved by the aforesaid order of the Secretary, RTA the petitioner preferred a revision before the S.T.A.T. under S.64(A) of the Motor Vehicles Act. The revision was registered as Revision No.121 of 89. The petitioner also made a prayer for staying the operation of the order of the Secretary, RTA granting the permit. The STAT, however, did not stay the order of the Secretary, R.T.A. granting the permit to respondent No.3. Hence this petition on the ground that the date fixed for next hearing is 21-6-1989 whereas from 1-6-1989 the post of STAT shall become vacant as a result of the retirement of the present incumbent Shri J.A.Khare.