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Basant Roadways v. State Transport Appellate Tribunal & Ors.

Dismissed
Court
Supreme Court of India
Decided
30 September 1986
Bench
E. S. Venkataramiah, G. L. Oza
Result
Petition dismissed.

Headnote

Constitution of India, Art. 136--lnterim orders of High Court-No Interference in Special Leave Petitions.

Motor Vehicles Act, 1939, s. 57-Practice of granting of tem-porary permits repeatedly to ply stage carriages deprecated.

In a petition for special leave against an interim order of the High Co,nrt,

HELD: (1) As the special leave petition is filed against an interim order of the High Court, this Court does not propose to interfere. I 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. I I003B-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 appli- -1 cations made by intending operators suo motu under s. 57(2) of the Motor Vehicles Act, 1939. I 1003C-D]

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

Judgment

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.

'1'

We, however, deprecate the practice of granting of temperory permits repeatedly to ply st&ge 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 applica-tions 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 D· alleviate the suffering of the travelling public.

Case details

Arising from

CIVIL APPELLATE JURISDICTION: Special Leave Petition (Civil) No. 11638 of 1986

From the Judgment and Order dated 12th September, 1986 of the Mad\lya Pradesh High Court in M.P. No. 2845of1986.

B.K. Rawat, M.K. Dua, Aman Vachher and S.K. Mehta for the P.etitioners.

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.