K V JANARDHANAM Vs. GOVERNMENT OF ANDHRA PRADESH
LAWS(APH)-1971-2-2
HIGH COURT OF ANDHRA PRADESH
Decided on February 17,1971

K.V.JANARDHANAM Appellant
VERSUS
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

Kondaiah, J. - (1.) This Writ Petition raises a short but an interesting question of law whether a person having a temporary permit of a stage carriage on the date of the consideration of the item for the grant of a pucca stage carriage permit for a short route by the Regional Transport Authority is or is nox a new entrant entitled to preference under Rule 212 (1) (ii) (a) of the Andhra Pradesh Motor Vehicles Rules 19st (hereinafter called the Rules).
(2.) The material facts which are not only not in dispute but He in a short compass leading to this Writ petition may briefly be stated. Pursuant to a notification issued by the Secretary, Regional Transport Authority, Rakinada for the grant of one stage carriage permit on the route Rajahmundry to Alamuru, the petitioner, the 4th respondent and 37 others have applied for the same. The 4th respondent who was awarded five marks-four for place of business at Rajarimundry, one of the termini, and one for experience in transport business-was granted the pucca stage carriage permit on the aforesaid short route by the Regional Transport Authority, East Godavari on April, 29, 1967, The appeals preferred by the petitioner and some others to the appellate authority were without success having been rejected on September 28, 1968. The revision petitions preferred by the petitioner and others to the State Government also had the same fate. Hence this Writ petition to quash the orders of the State Government dated April 2&, 1969 confirming the orders of the appellate and the original authority granting permit to the fourth respondent.
(3.) It was contended by Suit. Amareswari, the' learned counsel for the petitioner that the fourth respondent-grantee was not a new entrant on the date of the grant of the pucca stage carriage permit for the route Rajahrmmdry to Alamuru which is a short one as he was plying his vehicle on a temporary permit. This claim of the petitioner is resisted by the learned Government Pleader and Sri P. Babul Reddy, appearing for the fourth respondent-grantee contending inter alia that a person without a pucca stage carriage permit notwithstanding the fact that he holds a temporary permit for a stage carriage is a new entrant.;


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