NAND LAL Vs. STATE TRANSPORT APPELLATE TRIBUNAL RAJASTHAN

JUDGEMENT

(1.) THIS writ petition by one Nand Lal is directed against the order of the State Transport Appellate Tribunal, Rajasthan, Jaipur, dated March 26, 1977, rejecting a preliminary objection that the revision preferred by the non-petitioner No. 3, Laxman Kumar Arya under section 64-A of the Motor Vehicles Act, 1939, was not maintainable.

(2.) THE material facts, in brief, are these, THE petitioner held a stage carriage permit on route Kekri-Ghatiyali, which was to expire on November 10, 1976. In due course, the petitioner applied for renewal of the permit on July 8, 1976 under sec. 58 of the Motor Vehicles Act (hereinafter to be referred to as "the Act" ). THE substance of the renewal application was duly published in the Raj. Gazette dated September 9, 1976, for inviting objections, if any. THE matter for the grant of renewal of the permit came up for consideration at a meeting of the Regional Transport Authority, Jaipur, on February 3, 1976. THE Regional Transport Authority, vide its resolution No. 11 of even date, granted the renewal applied for, stating that there were no objections received to the grant. Non-petitioner No 3, Laxman Kumar Arya, who apparently had filed an objection to the grant of renewal of the permit, preferred a revision before the State Transport Appellate Tribunal. A preliminary objection was raised by the petitioner that the non-petitioner No. 3, Laxman Kumar Arya had the remedy of an appeal under section 64 (1) (f) of the Act and, therefore, no revision lay under section 64-A. THE State Transport Appellate Tribunal, by its order dated March 26, 1977, overruled the preliminary objection.

(3.) SEC. 64 of the Act provides for a right of appeal against certain orders by the Regional Transport Authority or the State Transport Appellate Tribunal. The different clauses of sec. 64 deal with different situations, each independent of the others. A party claiming a right of appeal must bring his case within one of the clauses enumerated therein. There is a distinction between the grant of a permit and renewal of a permit. The right of appeal conferred upon a person under clause (l) (a) is in respect of the refusal of the grant of a permit or by any condition attached to a permit granted to him. The right of appeal conferred by clause (l) (f) is in respect of the grant of a permit and such appeal may be preferred by a local authority or police authority or an association which, or by a person providing transport facilities who having opposed the grant of a permit, is aggrieved by the grant thereof or by any condition attached thereto. In contrasct to this, clause (l) (e) of sec. 64 only provides for an appeal against the refusal of a renewal of permit. There is no right of appeal provided against the grant of renewal. That is clear enough from a plain reading of the different clauses of this section.