B.D.Agarwal, J. - (1.) Charkhari-Chhatarpur Route is an inter-Statal route -- partly falling in the State of Uttar Pradesh and partly in the State of Madhya Pradesh, 18 miles of the route being in the State of Madhya Pradesh and the remaining portion in the State of U. P. In the meeting held on April 18/19, 1973, the Regional Transport Authority, Jhansi, purporting to act under the provisions of the Motor Vehicles Act (U P. Amendment) Act, 1972 (U. P. Act No. XXV of 1972) granted 42 permanent stage carriage permits on this route. The resolution, by which the aforesaid permits were granted, was challenged by respondent No. 3 in revision before the State Transport Appellate Tribunal U. P. Lucknow. The respondent No. 3, was, at the relevant time, an operator of the Mahoba-Chhatarpur route, which is overlapped by the aforesaid inter-Statal route to the extent of 22 miles between Srinagar and Chhatarpur. Subsequent to the filing of the revision, the respondent No. 3 transferred her permit in favour of one Sri Rajendra Kumar.
(2.) The State Transport Appellate Tribunal allowed the revision filed by the respondent No. 3 and quashed the resolution of the Regional Transport Authority, Jhansi dated April 18/19, 1973 granting stage carriage permits on the aforesaid inter-statal route.
(3.) The petitioner who has filed the present petition under Article 226 of the Constitution challenging the judgment and order dated June 24, 1974 of the State Transport Appellate Tribunal U. P. Lucknow is one of such grantees of permanent stage carriage permits on the aforesaid inter-statal route. The Tribunal in similar cases relating to inter-statal routes had taken the view that the directions of the State of U. P. dated March, 30, 1972 issued under Section 43-A of the Motor Vehicles Act could not be held applicable to inter-statal routes and the Regional Transport Authority was in error in granting free permits on inter-statal routes in pursuance of these directions. This decision of the Tribunal was followed in the instant revision filed by opposite party No, 3, by which the grant of permanent stage carriage permits on the Charkhari-Chhatarpur inter-statal route was set aside.;