LAWS(KAR)-1985-2-16

B S SHANKAR Vs. REGIONAL TRANSPORT AUTHORITY

Decided On February 18, 1985
B.S.SHANKAR Appellant
V/S
REGIONAL TRANSPORT AUTHORITY Respondents

JUDGEMENT

(1.) As these Petitions can be disposed of on a short point, the same are taken up for final disposal.

(2.) The petitioners have preferred U.R.P.Nos. 106 and 107 of 1985, respectively, before the 2nd respondent against the resolutions dated 5-1-1985 passed by the first respondent in Subject Nos. 320 and 321 of 1984-85 respectively, resolving to reject the applications that may be filed by the petitioners for grant of special permits in respect of vehicle Nos. C.A.A 4589 and M.E.D. 6589 for a period of three months from the date of communication of the resolutions.

(3.) After the aforesaid resolutions were passed, the petitioners filed applications for grant of certified copies of the resolutions on 9-1-1985. The copies of resolutions were delivered to them on 6-2-1985. They have filed the aforesaid two Revision Petitions before the second respondent on 7-2-1985. Along with the Revision Petitions, the petitioners have also filed the applications for condonation of delay in preferring the Revision Petitions as the period for filing the the Revision Petition is 30 days from the date of the order. The 2nd respondent has held that since the petitioners were represented by a Counsel and the orders were pronounced in the open Court on 5-1-1985, they must be deemed to have had actual or constructive knowledge of the resolutions; that the limitation begins to run from 5-1-1985, as such the Revision petitions ought to have been filed on 4-2-1985,whereas the same are filed on 7-2-1985; as such the same are barred by time by three days and there is no sufficient cause for condoning the delay of 3 days because the petitioners have not stated in their affidavits as to why they could not file applications for certified copies of the resolutions on 5-l-1985 itself or on the next day. In this view of the matter, the 2nd respondent has rejected the applications filed by the petitioners for condonation of delay and as a result thereof, has dismissed the revision Petitions.