Judgement

V. R. KRISHNA IYER,J. :- A spiral of reversals is the fate of this litigative battle between the appellant and the first respondent over a permit to ply a bus on the route between Madurai and Pararamakkudi, in Tamil Nadu. While its admission into this Court was by special leave, the first round of the contest was fought before the R. T.A. (Regional Transport Authority) which on an evaluation of the relative merits and demerits of the rivals, granted the permit to the present appellant, but this victory was short-lived because, at the second stage of the legal bout, the S. T.A.T. (State Transport Appellate Tribunal) held that the respondent before us had better claims. The worsted appellant invoked the writ jurisdiction of the High Court under Article 226 and the learned Single Judge, who heard the petition rejudged the relevance and weight of the points, pro and con, and as a result of this adjudicator exercise on facts, demolished the order of the S.T.A.T. The learned Judge disagreed with the conclusion of the S.T.A.T. but, instead of sending the case back for a fresh look at the merits of the matter, set aside the permit granted to the respondent and affirmed the award i