SUSHANTA KUMAR PRADHAN Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) THESE two writ applications are directed against a common judgment passed by the State Transport Appellate Tribunal, Orissa, Cuttack (in short, the 'Tribunal') directing fresh consideration of applications seeking grant of temporary permits by the Chairman, State Transport Authority, Orissa, Cuttack (in short, 'STA').

(2.) A brief reference to the factual aspect would suffice. Each of the petitioners filed application for temporary permit on the inter -Stats route from Kakatpur to Calcutta in the year 1988. An agreement was entered into between the State of Orissa and State of West Bengal and on the basis of such agreement, two vehicles from each State were to be plied on the aforesaid route. As applications filed for temporary permits are not disposed of for a long time, this Court was moved. A direction was given to dispose of the application. it is to be noted that there were five applications. Accordingly, STA disposed of applications for grant of temporary permits by order dated 29/30 -7 -1996 and the applications were rejected.

(3.) LEARNED counsel for petitioners submitted that approach of the Tribunal is erroneous. As the persons whose applications were rejected did not prefer any appeal. Tribunal ought to have ignored their cases and taken a decision on the dispute which was before it. Mr L. Mohapatra and Mr. S.S. Rao, learned counsel for opp. party Nos 5 to 7 submitted that the course adopted by the Tribunal cannot be called to be erroneous and in any event it would be open to the petitioners to place their stand on merits before the STA afresh. Learned counsel for Transport Department also made similar submission.