V. P. MOHAN KUMAR, J.

( 1 ) WHEN these matters came up for hearing before this court, it was agreed that both the writ petitions can be disposed off finally.

( 2 ) THE facts may be stated with reference to W. P. no. 29902 of1992. The petitioner herein is a holder of a south zone permit for the tourist taxi vehicle no. Ka-06/666 covered by c/c/stage carriage permit no. Tvp. 71 of 1980. This vehicle has a seating capacity of six, i. e. , 5 + 1. When the Motor Vehicles Act, 1939 was replaced by the Motor Vehicles Act, 1988, it recognised granting permit for vehicle with capacity of 13, i. e. , 12 + 1, which categories of vehicles were described as maxi cab [vide definition 2 (22)]. The petitioner thereupon applied for variation of the condition by replacing the existing taxi with maxi cab. This request was rejected by order no. Sta 1 repl. 12 of 1989-90, dated 23-5-1992 by the Karnataka state transport authority. Aggrieved, the petitioner submitted an appeal before the appellate tribunal, which by order annexure-a, allowed the appeal, permitting the variation by increasing the seating capacity. This order was passed on 27-8-1992.

( 3 ) SINCE the respondent-the Karnataka state transport

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