ABDUL GAFFAR Vs. S T A T

JUDGEMENT

(1.) AS common question are involved in these appeals they were heard together and we consider it proper to dispose them of by a common judgment. Facts first.

(2.) D .B. Civil Special Appeals No. 470/1982 and D.B. Civil Special Appeal No. 471/1982 - These two appeals are directed against the order dated May 3, 1982 of the learned single Judge, by which he allowed S.B. Civil Writ Petitions No. 46 of 1982 and 29 of 1982 filed by respondent No. 3.

(3.) DB Civil Special Appeal No. 592 of 1982 : This appeal has been filed against the order dated March 1, 1982 of the learned single Judge by which the petition of the appellant under Article 226 of the Constitution was dismissed. The RTA granted a non -temporary stage carriage permit and on June 13, 1979 on Rani -Bali -Desuri route. A condition was imposed that in case the permit was not available of within a period of sixty days on a vehicle of the prescribed model, the grant of the permit in favour of the petitioner shall stand revoked. As he failed to comply with the conditions, the grant of permit made in favour of the appellant automatically stood revoked on the expiry of sixty days, from the date of the grant. On August 16, 1979, the petitioner submitted an application for obtaining permit in respect of Vehicle No. RJZ 9261. This application was filed beyond the period of sixty days. No permit was granted to the appellant because the vehicle produced by him for obtaining the permit was not of the prescribed model. The appellant did not take any step for a period of one year. He, however, filed another application on September 23, 1980 before the Secretary, RTA, Jodhpur for condonation of delay and for issuing permit to the appellant on Vehicle No. RJY 4583 The RTA condoned the delay and compounded the matter on payment of Rs. 500/ - as fine within a period of thirty days and directed that the permit be issued to him. Against the order of the RTA, Ramlal, who was an existing operator on the route, lodged a revision before the S.T.A.T. The revision was allowed by order dated December 12, 1980 by the STAT on the ground that the grant of permit in favour of the appellant having been revoked on the expiry of sixty days from the date of the giant, the RTA had no jurisdiction to condone the delay and allow the petitioner to obtain permit at any point of time thereafter The appellant filed S.B. Civil Writ Petition No. 308 of 1981 praying that the order dated October 12, 1980 of the S.T.A.T., setting aside the order dated September 26, 1980 of the RTA maybe quashed. The writ petition was contested. The learned single Judge, by his order dated March 1, 1982, dismissed the writ petition. The appellant has filed the special appeal.