Full Judgment Text
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PETITIONER:
PRAKASH CHANDRA SAHU
Vs.
RESPONDENT:
STATE TRANSPORT AUTHORITY & ORS.
DATE OF JUDGMENT: 03/03/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal by special leave arises from the order
dated August 9,1996, made by the Division Bench of the
Orissa High Court in OJC No. 3073/95.
The admitted position is that at one point of time the
appellant had a permanent stage carriage permit operating on
the inter-State route, viz., Peralakhemundi to Berhampur via
chatrapur and Garabandha. After the Motor Vehicles Act, 1988
came into force, the appellant filed an application for
renewal of the permit and the dispute arose whether he is
entitled to renewal of the permit. Since, admittedly, the
permit granted under Act 4 of 1939 expired after the 1988
Act came into force, he was to apply afresh under the 1988
Act . Earlier when he had filed a Writ Petition, OJC No.
3421/93, the High Court had directed reconsideration of the
application for respondents, after decision was taken on the
application of the petitioner therein. Admittedly, the State
Transport Authority had considered their applications and
rejected the application for respondent. On a clarification
sought by the contesting respondent, the High Court had
pointed out that the judgment was not intended to have the
permit granted to the contesting respondent cancelled;
nonetheless the application of the appellant would be
considered as and when need arose.
Shri A.K. Panda, learned counsel for the appellant
contends that in view of the decision of this Court in
Gajraj Singh & Ors. v. State Transport Appellate Tribunal
[(1997) 1 SCC 650], in particular paragraph 62, the
appellant is entitled to apply afresh and to be considered
by the authorities in accordance with law. He has stated
that he had filed an application for renewal on 4.11.1996
for grant of permanent licence. In view of the above
decision of this Court, if any permit was renewed under the
provisions to be a temporary permit under Section 87 of that
Act and that before expiry thereof, parties were directed to
make an application afresh under the 1988 Act and seek
permit thereunder in accordance with law. The direction
issued by the High Court is not inconsistent with the above
judgment of this Court. Under those circumstances, if the
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appellant has any right for grant of permit, the same has to
be in accordance with law. Necessary application which comes
to be made in accordance with law should be disposed of by
the S.T.A. as per the provisions of the 1988 Act.
The appeal is accordingly dismissed with the above
observations. No costs.