Judgement

HEGDE, J.: The scope of Section 47(3) of the Motor vehicles Act, 1939 (to be hereinafter referred to as the Act) comes up for consideration in this appeal by certificate.

2. The facts of the case necessary for the purpose of deciding the point in issue are few, and they are as follows:-

On August 8, 1966 the appellant applied to the R. T. A., Coimbatore for a permit to ply a stage carriage on the route Bhavani to Vellithiruppur. That was entirely a new route. No stage carriage was plying on that route at that time. The R. T. A. published that application under Section 57 (3) of the Act. Respondents Nos. 2-3 and others made representations against that application contending that there was no need to grant a stage carriage permit for that route. The R. T. A. overruled their objection and granted the permit asked for on October 9, 1967. As against the order of the R. T. A. some of the objectors went up in appeal to the State Transport Appellate Tribunal, Madras. The Additional State Transport Appellate Tribunal allowed the appeal by its order of February 22, 1968 holding that the procedure adopted by the R. T. A. was not in accordance with law inasmuch as it had failed to dete