Basant Roadways vs State Transport Appellate Tribunal 7 ... on 30 September, 1986

[Cites 2, Cited by 8]

Supreme Court of India

Basant Roadways vs State Transport Appellate Tribunal 7 ... on 30 September, 1986

Equivalent citations: 1987 AIR 116, 1986 SCR (3)1002, AIR 1987 SUPREME COURT 116, 1987 BLT (REP) 39, (1987) PAT LJR 6, 1987 ALL CJ 234.1, 1987 (1) UJ (SC) 10, (1986) JT 605 (SC), 1987 (1) GUJLH 316 (1), ILR 1986 KANT 3634, 1986 (4) SCC 504, (1987) 1 GUJ LH 316(1), (1987) JAB LJ 325

Author: E.S. Venkataramiah

Bench: E.S. Venkataramiah, G.L. Oza

           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 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

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