BHAGIRATHI MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is a transport operator of the district of Balasore and owns three stage carriages bearing registration numbers ORB 101, ORB 565 and ORB 1067. These stage carriage vehicles have permits issued by the Regional Transport authority of Balasore. For the first vehicle the petitioner has a live permit up to 310-1974, while for the other two vehicles, the permanent stage carriage permits have expired on 11-11-1973, during the pendency of this application and it is not known as to what happened thereafter. Rule 65-C of the Orissa Motor Vehicles Rules, 1940 (hereafter referred to as the rules) introduced by amendment with effect from 16-7-71, provides :

(2.) IN the counter-affidavit, the Transport Authority has indicated that by a subsequent resolution dated 24-10-1972, the earlier resolution has been superseded. A year's time has been allowed for replacement of such vehicles.

(3.) LEARNED Standing Counsel of the Transport Department relying on the later resolution raised a preliminary objection saying that the impugned resolution stood superseded and the petitioner had, therefore, no grievance in the application to make.