BABU LAL Vs. STATE TRANSPORT APPELLATE

JUDGEMENT

(1.) THE petitioner is a holder of one All -India permit in respect of bus No. RJ -19/P -0771 valid upto 30.4.1997. On 30.11.92, the petitioner submitted an application for cancellation of the permit on surrender in the office of the State Transport Authority, Rajasthan, Jaipur. At the time of making of the said application the petitioner was not possessed of Part -A and Part -B of the permit and, therefore, he has not submitted that along with the application. The petitioner's application for cancellation of the permit on surrender was rejected on 27.01.93 by the second -respondent on the ground that the petitioner's application was not accompanied with Part -A and Part -B of the permit. Against the rejection of the application, the petitioner preferred a revision petition before the /State Transport Appellate Tribunal, Jaipur. The appellate authority upheld the order of the State Transport Authority which, in its view, was in accordance with law. The petitioner has challenged these orders in this writ petition.

(2.) IT is submitted by counsel for the petitioner that on true construction of Sub -rule (1) and Sub -rule (2) of Rule 5.35 of the Rules of 1990 the petitioner was not required to submit Part -1 and Part -B of the permit alongwith the application, or even subsequently before the authority for him to exercise the power of cancellation of the permit on surrender. On the other hand, it is contended by counsel for the respondents that it was a condition precedent of submission of the Part -A and Part -B of the permit alongwith the application for cancellation of the permit and the respondents have rightly passed the order rejecting the application of the petitioner as the same was not accompanied with Part -A and Part -B of the permit.

(3.) IN the present case, the application for cancellation of the permit on surrender was dismissed simply on the ground that Parts A and B of the permit were not accompanying the same, without there having been issued any demand in writing by the authority.