K V JANARDHANAM Vs. GOVERNMENT OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
GOVERNMENT OF ANDHRA PRADESH
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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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