KISHAN Vs. STATE OF M P

JUDGEMENT

(1.) IN this intra -court appeal preferred under section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the appellant petitioner (hereinafter referred to as 'the appellant') has called in question the sustainability of the order dated 23.3.2007 passed by the learned single Judge in Writ Petition No. 14012/06.

(2.) THE facts which are relevant to be stated are that the appellant submitted an application on 10.9.2005 to the Regional Transport Officer, Sagar for grant of permanent permit for Sagar to Bilahara route (three times in a day) from April, 2005 to July, 2005. The said application was accepted and permanent permit No. 28/05 was granted in his favour on 25.11.2005. The said grant of permit was called in question by respondents 4 and 5 in Revision No. 566/06 before the State Transport Appellate Tribunal on the foundation that the requisite documents as prescribed under Rule 72 (3) of the M.P. Motor Vehicles Rules, 1994 (for brevity 'the 1994 Rules') were not submitted along with the application. The Tribunal on consideration of the material brought on record came to hold that the appellant was in arrears of penalty and interest payable under the M.P. Motoryan Karadhan Adhiniyam (for short 'the Act') and being of this view the Tribunal allowed the revision by the order dated 18.9.2006.

(3.) THE respondent No. 5 entered contest and put forth that the appellant had committed default in making payment of penalty and interest as provided under the Rules and, therefore, the grant of permanent permit was unjustified.