P.L.N.SHARMA, S.C.PRATAP, M.N.RAO
K. Pamanna – Appellant
Versus
State Transport and Appellate Tribunal, A. P. , Hyderabad – Respondent
( 1 ) ALL these writ petitions relate to the power of the State Transport Authority (for short STA) to alter the conditions of a permit granted by it under the Motor Vehicles Act, 1939 (since repealed by the Motor Vehicles Act, 1988 ). The permits involved are all inter-State stage carriage permits; some were granted by the Andhra Pradesh STA and some by the STAs of other States -- Tamil Nadu, Orissa and Karnataka -- in respect of which counter-signatures of the Andhra Pradesh STA are required.
( 2 ) A Division Bench of this Court in A. P. S. R. T. C. v. S. T. A. Tribunal, 1987 (2) ALT 900 at 903, expressed the view that the STA has no power to vary the conditions of a stage carnage permit granted by it. The reasoning of the Division Bench was that :"the power to vary the conditions of the permit it located in Section 48 only and having authorised Regional Transport Authority to vary permit the omission to refer to State Transport Authority is deliberate and furnishes a clue to the exclusion of State Transport Authority from exercising the power of variation. "
( 3 ) ANOTHER Division Bench of this Court in W. A. No. 901 of 1984, dated 15-3-89 doubted the correctness of
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