T SATHYANARAYANA Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) Because the learned Counsel in the course of the arguments on an interlocutory application to vacate the interim order agreed that the main matter itself may be heard and disposed of, we have heard full arguments on the merits of the case.

(2.) The petitioner who is operating a stage carriage service from Mysore to Calicut impugns the contract carriage permit granted by the first respondent State Transport Authority in Mysore to the second respondent in respect of a route from Bangalore to Calicut via Mysore and back along the same route.

(3.) The contentions raised on behalf of the petitioner by his learned Counsel Mr. Rangaswamy are three in number: (1) That the application itself was not in accordance with S.49 of the Act and that therefore no order could have been passed on it. (2) that the permit does not contain any condition to make it clear that the contract carriage shall not be utilised as a stage carriage, and (3) that the Transport Authority has taken into account irrelevant material.