Basant Roadways Vs. State Transport
Tribunal 7 Ors [1986] INSC 206 (30 September 1986)
VENKATARAMIAH, E.S. (J) VENKATARAMIAH, E.S.
(J) OZA, G.L. (J)
CITATION: 1987 AIR 116 1986 SCR (3)1002 1986
SCC (4) 504 JT 1986 605 1986 SCALE (2)587
ACT:
Constitution of India, Art. 136-Interim
orders of High Court-No Interference in Special Leave Petitions.
Motor Vehicles Act, 1939, s. 57-Practice of
granting of temporary permits repeatedly to ply stage carriages deprecated.
HEADNOTE:
In a petition for special leave against an
interim order of the High Court, ^
HELD: (1) As the special leave petition is
filed against an interim order of the High Court, this Court does not propose
to interfere. [1003B] (2.1) The practice of granting of temporary permits
repeatedly to ply stage carriages for short periods even when it is made out
that there is a grave need for increasing the number of regular services on the
routes in question in the public interest is deprecated. In many cases this
practice has led to undesirable results. [1003B-C] (2.2) The proper action to
be taken by the Regional Transport Authorities in such cases is to grant
regular permits in accordance with law either by inviting applications for
grant of permits or on the applications made by intending operators suo motu
under s. 57(2) of the Motor Vehicles Act, 1939. [1003C-D]
CIVIL APPELLATE JURISDICTION: Special Leave Petition
(Civil) No. 11638 of 1986 From the Judgment and Order dated 12th September,
1986 of the Madhya Pradesh High Court in M.P. No. 2845 of 1986.
B.K. Rawat, M.K. Dua, Aman Vachher and S.K.
Mehta for the Petitioners.
1003 The following Order of Court was
delivered ORDER Since this petition is filed against an interim order we do not
propose to interfere with the order of the High Court. The Petition is
dismissed.
We, however, deprecate the practice of
granting of temperory permits repeatedly to ply stage carriages for short
periods even when it is made out that there is a grave need for increasing the
number of regular services on the routes in question in public interest. In
many cases this practice has led to undesirable results. In all such cases the
proper action to be taken by the Regional Transport Authorities is to grant
regular permits in accordance with law either by inviting applications for
grant of permits or on the applications made by intending operators suo motu
under section 57(2) of the Motor Vehicles Act, 1939. We hope that the Regional
Transport Authorities will take necessary steps in accordance with law in
respect of all the routes to alleviate the suffering of the travelling public.
M.L.A. Petition dismissed.
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