BASHA Vs. STATE TRANSPORT APPELLATE TRIBUNAL A P HYDERABAD

JUDGEMENT

(1.) A question of considerable general interest and frequent occurrence is raised in this writ appeal preferred by the petitioners in writ petition No.2653 of 1982 against the order of our learned brother Choudary, J. The question is whether a Regional Transport Authority has jurisdiction to grant a contract carriage permit under Section 51 of the Motor Vehicles Act 1939 (hereinafter referred to as 'the Act'), valid throughout the State.

(2.) The facts and circumstances giving rise to the question shortly stated are these: 135 applicants applied for the grant of District-wide contract carriages in 1980 to the Regional Transport Authority, Krishna District. The Regional Transport Authority by its order dated 7-3-1981 rejected all the applications on the ground that there was no need for the grant of pucca contract carriage permits. During the year 1980 again 7 applications, including the one by the first writ petitioner, were entertained by the Regional Transport Authority for the grant of statewide pucca contract carriage permits. On a consideration of the applications the Regional Transport Authority required further information relating to the mileage in each of the districts in Andhra Pradesh State. While the matters stood thus, respondents 4 to 7 in the writ petition presented their applications to the secretary. Regional Transport Authority for the grant of State-wide pucca contract carriage permits. The applications were rejected by the Secretary, Regional Transport Authority by its proceedings dated 22-12-1981. Against the said order the respondents 4 to 8 preferred appeals before the State Transport Appellate Tribunal Hyderabad, which allowed the appeals by its judgment dated 19-1-1982 and directed the Secretary, Regional Transport Authority to grant pucca contract carriage permits valid throughout the State to the said respondents. Pursuant to the said directions the Secretary, Regional Transport Authority, Krishna, granted State-wide pucca contract carriage permits to respondents 4 to 8.

(3.) Meanwhile the petitioners and some others whose applications for grant of similar contract carriage permits were pending before the Regional Transport Authority, approached the High Court in writ petition 1957 of 1982 for a direction to the Regional Transport Authority, Krishna to dispose of their applications bxpeditiously. The High Court granted the relief as prayed for by the writ petitioners therein. Pursuant to the direction of the High Court in writ petition 1957/82. the Regional Transport Authority, Krishna, took up the applications of the petitioners and 5 others for consideration on 22-3-82 and passed the following order: