ANIL KUMAR Vs. SECRETARY, STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) These special appeals and writ petition involve common controversy relating to inclusion of routes beyond 24 Kms. in existing state carriage permits and hence, the same have been heard and are being decided together by this order.

(2.) Briefly stated background facts necessary for disposal of the appeals and the writ petition are noted herein below:

(3.) Shri Bharat Vyas, learned Senior Counsel assisted by Shri Deendayal Purohit, Advocate representing Shri Anil Kumar, vehemently and fervently urged that the view taken by the learned Single Bench while deciding the writ petitions of Gopal Purohit and Mool Singh, is absolutely illegal and dehors the provisions of the Motor Vehicles Act. Shri Vyas urged that the Transport Department, invited applications from the aspiring permit holders for extension/ inclusion in routes and existing schemes were modified vide Notification dtd. 29/5/2015. In this notification, there was no such indication that the extension/ inclusion would not exceed beyond 24 Kms. The petitioner Anil Kumar applied for extension of his existing route from Bikaner to Ratangarh till Tamkor and the State Transport Authority, after inviting objections, accepted the same vide order dtd. 4/1/2017 and the termini Tamkor was included in the route permit granted to the petitioner which worked out to an extension of 88 Kms. The respondent No.3 Abdul Rashid filed a highly belated appeal in the STAT against the extension of route permit granted to the petitioner Anil Kumar by order dtd. 4/1/2017. A pertinent objection was raised on behalf of the petitioner Anil Kumar before the STAT that the appeal could not be entertained as it was hopelessly time barred. But without adverting to this pertinent legal objection of the petitioner, the limitation was condoned in an arbitrary manner and the STAT reviewed its earlier order and cancelled the extension/inclusion of route granted in favour of the petitioner Anil Kumar, by order dtd. 17/5/2019 which is grossly illegal.