TRAFFIC MANAGER ORISSA ROAD Vs. SECRETARY STATE TRANSPORT

JUDGEMENT

(1.) THE order of the State Transport Appellate Tribunal (opp. party No. 5) in M. V. Revision No. 10/89. annexed as Annexure -3. is being challenged by the petitioner, a Company Incorporated under the Indian Companies Act and carrying on business of road transport.

(2.) THE petitioner had been operating on the route Aska to Durgapur. Opp. party No. 2. State Transport Authority. Orissa, issued an advertisement on 1 -9 1986 is respect of the inter - Stata route of Aska to Durgapur covering a length of 654 Kilometres out of which 469 Kilometres is within Orissa and 185 Kilometre is within West Bengal. In accordance with the reciprocal agreement between the two States, the routs was notified Under Section 63(3 -B) of the Motor Vehicles Act. 1939 (hereinafter referred to as the 'Act'). An advertisement was issued Under Section 57(2) of the Act on 1 -9 -1986 inviting applications from intending operators by 1 -10 -1986. The advertisement was published in the daily newspaper 'The Samaja'. In response to the advertisement applications were received within the date fixed. But the petitioner could not make any application for permit though it had been operating in the route for quite some time. When the applications received were processed and objections were invited in accordanca with Sections 57(3) of the Act, the petitioner filed objection on 29 -11 - 1986. Objections could be made till 10 -12 -1986. The petitioner then filed an application for grant of permit on the route in question on 2 -12 -1986 and along with the same filed an application for condonation of delay indicating the reasons for the delay in making the application. The State Transport Authority rejected the application filed by the petitioner for permit without considering the application for condonation. The petitioner, therefore, filed an appeal which was registered as M. V. Appeal No. 9/87 - The State Transport Appellate Tribunal by its order dated 20 -4 -1989 allowed the appeal and remitted the matter to opp. party No. 3 for fresh disposal in accordance with law The Tribunal called upon opp. party No. 3 to consider the question of condonation of delay after giving the petitioner an opportunity of being heard. The aforesaid order has been annexed as Annexure -1 to the writ application. After the matter came back on remand, the same was heard at length. Opposite party No. 3 considering the grounds of delay condoned the same by order dated 2 -8 -1989 and directed that the application of the petitioner for the route in question would be considered along with other applicatons. The aforesaid order has been annexed as Annexure -2. Opp. party No. 4, Udavanath Pani, challenged the said order in a revision before the State Transport Appellate Tribunal Under Section 64 -A of the Act which was registered as M. V. Revision No. 10/89. The State Transport Appellate Tribunal disposed of the revision by order dated 15th of Janunary,1990.annexed as Annexure -3, which is being impugned in this writ application. The Tribunal came to the conclusion that even though there is no bar for condoning the delay in making of an application for permit, but even if the delay is condoned, the application filed beyond time cannot be considered along with the applications filed within time and, therefore, the direction of the Transport Commissioner -cum -Chairman, State Transport Authority, under Annexure -2 is unsustainable. The Tribunal having set aside the order under Annexure -2 by the impugned order under Annexure -3, the petitioner has approached this Court.

(3.) IN view of the rival stand of the parties, two questions really arise for consideration ;