K PAMANNA Vs. STATE TRANSPORT AND APPELLATE TRIBUNAL A P HYDERABAD
LAWS(APH)-1992-3-63
HIGH COURT OF ANDHRA PRADESH
Decided on March 10,1992

K.PAMANNA Appellant
VERSUS
STATE TRANSPORT AND APPELLATE TRIBUNAL, A.P., HYDERABAD Respondents


Referred Judgements :-

MOHD. YOUSUF BASHA V. A.P.S.R.T.C [REFERRED TO]
MOHD. YUSUF BASHA V. A.P.S.R.T.C. [REFERRED TO]
P.JAYARAMA NAIDU V. THE S.T.A.T. [REFERRED TO]
P.JAYARAM NAIDU V. S.T.A.T. [REFERRED TO]
STATE OF RAJASTHAN VS. NOOR MOHAMMAD [REFERRED TO]
SHIV CHAND AMOLAK CHAND VS. REGIONAL TRANSPORT AUTHORITY [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION BANGALORE VS. B A JAYARAM [REFERRED TO]
ADARSH TRAVELS BUS SERVICE VS. STATE OF UTTAR PRADESH [REFERRED TO]
PANDIYAN ROADWAYS CORPORATION LIMITED VS. M A EGAPPAN [REFERRED TO]
R RAGHURAM VS. P JAYARAMA NAIDU [REFERRED TO]
A JANARDHANA RAO VS. DEPUTY TRANSPORT COMMISSIONER KAKINADA [REFERRED TO]
ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION VS. S T A TRIBUNAL [REFERRED TO]



Cited Judgements :-

B SATYAM VS. SECRETARY STATE TRANSPORT AUTHORITY ANDHRA PRADESH HYDERABAD [LAWS(APH)-1994-6-17] [REFERRED TO]
L RAGHURAMAN VS. STATE TRANSPORT APPELLATE TRIBUNAL TB [LAWS(APH)-2001-9-181] [REFERRED TO]
APSRTC MUSHIRABAD HYD VS. STATE TRANSPORT APPELLATE TRIBUNAL A P HYD [LAWS(APH)-2001-10-200] [REFERRED TO]
H TULASAMMA VS. STATE TRANSPORT APPELLATE TRIBUNAL [LAWS(APH)-2003-3-103] [REFERRED TO]
DIPIKA NASKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-7-18] [REFERRED TO]
INDO INTERNATIONAL LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-7-125] [REFERRED TO]
B S PADMAVATHAMMA VS. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION [LAWS(SC)-1995-4-52] [REFERRED TO]
INDO INTERNATIONAL LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-7-159] [REFERRED TO]
ANNA TRANSPORT CORPORATION LTD., SALEM VS. R. SENGODAN AND OTHERS [LAWS(MAD)-1994-9-103] [REFERRED TO]
BIDHAN HATUA VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-1995-6-35] [REFERRED TO]


JUDGEMENT

M.N.Rao, J. - (1.)All these writ petitions relate to the power of the State Transport Authority (for short STA) to alter the conditions of a permit granted by it under the Motor Vehicles Act, 1939 (since repealed by the Motor Vehicles Act, 1988). The permits involved are all inter-State stage carriage permits; some were granted by the Andhra Pradesh STA and some by the STAs of other States -- Tamil Nadu, Orissa and Karnataka -- in respect of which counter-signatures of the Andhra Pradesh STA are required.
(2.)A Division Bench of this Court in A.P.S.R.T.C. v. S.T.A. Tribunal, 1987 (2) ALT 900 at 903, expressed the view that the STA has no power to vary the conditions of a stage carnage permit granted by it. The reasoning of the Division Bench was that :
"The power to vary the conditions of the permit it located in Section 48 only and having authorised Regional Transport Authority to vary permit the omission to refer to State Transport Authority is deliberate and furnishes a clue to the exclusion of State Transport Authority from exercising the power of variation."

(3.)Another Division Bench of this Court in W.A. No. 901 of 1984, dated 15-3-89 doubted the correctness of the above view observing:
"The authority which granted a permit has always the inherent power to vary the conditions of the permit, and, in our view, the powers conferred on the Regional Transport Authority under Sections 47 and 48 would equally apply in the case of a permit which is granted by the State Transport Authority."

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.