Supreme Court of India
BASANT ROADWAYS versus STATE TRANSPORT APPELLATE TRIBUNAL & ORS. on 30 September 1986
1986 INSC 206[1986] 3 S.C.R. 1002
Conclusion
A
BASANT ROADWAYS v. STATE TRANSPORT APPELLATE TRIBUNAL & ORS.
B
SEPTEMBER 30, 1986
[E.S. VENKATARAMIAH AND G.L OZA, JJ.] Constitution of India, Art. 136--lnterim orders of High Court-No Interference in Special Leave Petitions. Motor Vehicles Act, 1939, s. 57-Practice of granting of tem-porary permits repeatedly to ply stage carriages deprecated. In a petition for special leave against an interim order of the High Co,nrt, c D
HELD: (1) As the special leave petition is filed against an interim order of the High Court, this Court does not propose to interfere. I 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. I I003B-C]
E
(2.2) The proper action to be taken by the Regional Transport F _ Authorities in such cases is to grant regular permits in accordance with law either by inviting applications for grant of permits or ,on the appli-cations made by intending operators suo motu under s. 57(2) of the Motor Vehicles Act, 1939. I 1003C-D]
CIVIL APPELLATE JURISDICTION: Special Leave Petition G (Civil) No. 11638 of 1986
From the Judgment and Order dated 12th September, 1986 of the Mad\lya Pradesh High Court in M.P. No. 2845of1986.
B.K. Rawat, M.K. Dua, Aman Vachher and S.K. Mehta for the H P.etitioners.
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BASANf ROADWAYS v. STATE TRANSPORT
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 st&ge 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 applica-tions 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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B
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