SAYED AHEMED Vs. STATE

JUDGEMENT

(1.) THESE two petitions involve a common question of fact and law and are being disposed of by a common judgment.

(2.) THE facts leading to the writ petitions are not in dispute and may be briefly stated as follows.

(3.) THE writ petitioner being aggrieved by such an order took the matter in appeal before the STAT. The STAT also did not take into account the words 'other conditions being equal' occurring in 2nd proviso to Section 58(2). The STAT first referred to the second proviso to Section 58 of the Act wherein it has been provided that other conditions being equal an application for stage carriage permit by a State Transport Undertaking shall be given preference over all other applications for renewal. Having referred to this proviso the STAT in its latter portion of its judgment while discussing the impact of this proviso simply observed as follows: