JHALAWAR TRANSPORT SERVICE LTD Vs. TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by M/s. Jhalawar Transport Service Ltd. , Jhalawar, against an order of the Transport Appellate Tribunal dated 21-1-67 refusing to suspend the operation of the permit of Umar Daraz respondent on the ground that it had no power to do so. The petition has been contested on behalf of Umar Daraz.

(2.) THE petitioner is an existing operator on the Jhalawar-Pirawa route. Umar Daraz respondent No. 3 applied for the grant of a permit on this route. This application was opposed by the petitioner. Some other persons also applied including Sharma Transport. THEir application was opposed by the petitioner. According to the allegation of the petitioner the Regional Transport Authority orally announced at its meeting on 10th 11th January, 1967 that they had granted a permit to respondent No. 3 on the Jhalawar-Pirawa route although the consideration of his application was not on the agenda of the Regional Transport Authority for that meeting. THE Secretary issued a permit to respondent No. 3 on the next day even though he did not have a vehicle of the appropriate model prescribed by the State Transport Authority in his possession. THE resolution of the Regional Transport Authority granting a permit to respondent No. 3 has not been published as yet. THE petitioner filed an appeal before the Transport Appellate Tribunal against the grant of permit, on the basis of his affidavit that such grant was orally announced by the Regional Transport Authority. It also moved the appellate authority to suspend the operation of the permit to respondent No. 3. This application was rejected by the Tribunal on the ground that it had no jurisdiction to suspend the operation of the permit to respondent No. 3. In doing so it relied on the decision of a learned single Judge of the Kerala High Court in Ramkrishnan vs. S. T. Appellate Tribunal (1 ).