Full Judgment Text
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PETITIONER:
BASANT ROADWAYS
Vs.
RESPONDENT:
STATE TRANSPORT APPELLATE TRIBUNAL 7 ORS.
DATE OF JUDGMENT30/09/1986
BENCH:
VENKATARAMIAH, E.S. (J)
BENCH:
VENKATARAMIAH, E.S. (J)
OZA, G.L. (J)
CITATION:
1987 AIR 116 1986 SCR (3)1002
1986 SCC (4) 504 JT 1986 605
1986 SCALE (2)587
ACT:
Constitution of India, Art. 136-Interim orders of High
Court-No Interference in Special Leave Petitions.
Motor Vehicles Act, 1939, s. 57-Practice of granting of
temporary permits repeatedly to ply stage carriages
deprecated.
HEADNOTE:
In a petition for special leave against an interim
order of the High Court,
^
HELD: (1) As the special leave petition is filed
against an interim order of the High Court, this Court does
not propose to interfere. [1003B]
(2.1) The practice of granting of temporary permits
repeatedly to ply stage carriages for short periods even
when it is made out that there is a grave need for
increasing the number of regular services on the routes in
question in the public interest is deprecated. In many cases
this practice has led to undesirable results. [1003B-C]
(2.2) The proper action to be taken by the Regional
Transport Authorities in such cases is to grant regular
permits in accordance with law either by inviting
applications for grant of permits or on the applications
made by intending operators suo motu under s. 57(2) of the
Motor Vehicles Act, 1939. [1003C-D]
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Special Leave Petition
(Civil) No. 11638 of 1986
From the Judgment and Order dated 12th September, 1986
of the Madhya Pradesh High Court in M.P. No. 2845 of 1986.
B.K. Rawat, M.K. Dua, Aman Vachher and S.K. Mehta for
the Petitioners.
1003
The following Order of Court was delivered
ORDER
Since this petition is filed against an interim order
we do not propose to interfere with the order of the High
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Court. The Petition is dismissed.
We, however, deprecate the practice of granting of
temperory permits repeatedly to ply stage carriages for
short periods even when it is made out that there is a grave
need for increasing the number of regular services on the
routes in question in public interest. In many cases this
practice has led to undesirable results. In all such cases
the proper action to be taken by the Regional Transport
Authorities is to grant regular permits in accordance with
law either by inviting applications for grant of permits or
on the applications made by intending operators suo motu
under section 57(2) of the Motor Vehicles Act, 1939. We hope
that the Regional Transport Authorities will take necessary
steps in accordance with law in respect of all the routes to
alleviate the suffering of the travelling public.
M.L.A. Petition dismissed.
1004