A permit can be automatically revoked if the permit holder fails to comply with a peremptory condition imposed at the time of renewal of the permit.

1. - The facts which have given rise to this writ petition briefly are that a non-temporary stage carriage permit was granted by the Regional Transport Authority, Udaipur to M/s. Vagad Motor Service on Banswara-Dungarpur via Talwara, Garhi, Sagwara route (hereinafter referred to as 'the route'). The aforesaid permit appears to have been granted as an alternative route permit in lieu of a permit on Dungarpur Ratanpur route, as appears from a copy of the permit placed on record as Ex.1. The aforesaid permit was valid upto July 1, 1968 and it was renewed thereafter for a period of three years upto July, 1971. M/s. Vagad Motor Service applied for a further renewal of the aforesaid permit on December 20, 1970. The application for renewal came up for consideration before the Regional Transport Authority, Udaipur (hereinafter referred to as 'the RTA') on April 26, 1971 and the renewal, of the permit appears to have been allowed by the RTA subject to the condition of production of a 1959 or higher model vehicle upto December 31, 1971. A peremptory condition also appears to have been imposed in respect of the grant of the renewal of the permit of M/s. Vagad Motor Service, to the effect that in case the permit holder failed to replace the existing vehicle by a 1959 or above model vehicle by December 31, 1971, the permit would automatically stand cancelled. It was not disputed at any stage that M/s. Vagad Motor Service failed to replace the existing vehicle by a 1959 or higher model vehicle upto December 31, 1971. However, on December 30, 1971 the permit holder submitted an application before the Secretary, RTA to the effect that he may be allowed two months' further time to replace the existing vehicle by a vehicles of 1959 or higher model and till then the existing vehicle, bearing registration No. RJJ 135 may be allowed to be plied on the route. The Secretary, RTA informed the owner of M/s. Vagad Motor Service by his letter dated January 22, 1972 that permission for extension of time, for a period of two months with effect from January 1, 1972 was granted to him to employ a prescribed model vehicle in place of the existing vehicle, in respect of his permit on the route, failing which the permit would be treated as cancelled. The permit holder does not appear to have employed a vehicle of 1959 or higher model in respect of his permit on the route even within the aforesaid extended period of two months.

2. The petitioner meanwhile applied for the grant of a non-temporary stage carriage permit on the route and his application came up for consideration before the RTA on April 10, 1972. The RTA took note of the fact that M/s. Vagad Motor Service had failed to replace its existing vehicle No. RJJ 135 by a 1959 on higher model vehicle with in the prescribed time, namely upto December 31, 1971 or even within the extended period of two months, nor it obtained any endorsement of renewal on the permit, either in respect of the existing vehicle or in respect of a new vehicle and in these circumstances, in view of the peremptory condition imposed by the RTA, the permit stood automatically revoked. In the vacancy caused on the route on account of the revocation of the permit of M/s. Vagad Motor Service, a non-temporary stage carriage permit was granted in the petitioner on the route by the RTA by its resolution dated April 10, 1972. A permit was also issued to the petitioner on the route on June 6, 1972 in pursuance of the aforesaid resolution of the RTA.

3. M/s. Vagad Motor Service filed an appeal as well as a revision petition against the resolution of the RTA dated 10. 1972 before the State Transport Appellate Tribunal, Rajasthan (briefly referred to hereinafter as 'the Tribunal'). The Tribunal by its order dated November 27, 1972 held that an appeal was incompetent, as the case of M/s. Vagad Motor Service did not fall under any of the clauses of Section 64 of the Motor Vehicles Act (hereinafter referred to as 'the Act'). However, the Tri