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1996 Supreme(Ori) 229
IN THE HIGH COURT OF ORISSA
S.C. Datta, R.K. Patra, JJ.
THE EXECUTIVE OFFICER, SHREE BALDEV JEW ENDOWMENTS - APPELLANT
Versus
STATE TRANSPORT AUTHORITY AND OTHERS - RESPONDENT
Original Jurisdiction Case No. 11339 of 1996
Decided On : 04-11-1996
G. Rath, B.B. Dash and M.S.N. Rao, for the Appellant; R.C. Parija, for O.P. 3, for the Respondent
Ownership or possession of a stage carriage is not a relevant factor in considering the merits of rival applicants for a permit.
Headnote:
PERMIT - GRANT - OWNERSHIP OR POSSESSION OF STAGE CARRIAGE - RELEVANCE - OWNERSHIP OR POSSESSION OF STAGE CARRIAGE IS NOT A CONDITION PRECEDENT FOR GRANT OF PERMIT - IT IS NOT A RELEVANT FACTOR IN CONSIDERING THE MERITS OF RIVAL APPLICANTS - ORISSA MOTOR VEHICLES RULES, 1993, RULE 88.
Fact of the Case:
Petitioner and Opp. Party No. 3 applied for a temporary permit for their respective vehicles on the route Pattamundai to Calcutta. The S.T.A. granted the permit to the petitioner, but on appeal, the Tribunal remitted the matter to the S.T.A. for fresh consideration. The S.T.A. then granted the permit to Opp. Party No. 3, considering the ownership of the vehicle as a relevant factor.
Finding of the Court:
The Court held that ownership or possession of a stage carriage is not a condition precedent for the grant of a permit and is not a relevant factor in considering the merits of rival applicants. The S.T.A. erred in considering the ownership of the vehicle as a relevant factor while granting the permit to Opp. Party No. 3.
Issues: Whether ownership or possession of a stage carriage is a relevant factor in considering the merits of rival applicants for a permit.
Ratio Decidendi: The Court relied on the judgment of the Supreme Court in Veerappa Pillai v. Raman and Raman Ltd. and Others, which held that ownership of a vehicle is not a condition precedent for the grant of a permit and that the issue of a permit depends on possession of the vehicle. The Court also referred to Rule 88 of the Orissa Motor Vehicles Rules, 1993, which provides that a temporary permit may be granted to any person whether or not they are the registered owner of the vehicle.
Final Decision: The Court quashed the impugned order of the S.T.A. and remitted the matter for reconsideration.
JUDGMENT :
R.K. Patra, J. - Is the result of litigation always unpredictable? The petitioner may reply to this question in affirmative.
2. By order dated 3-7-1996 at Annexure - 4, the Chairman, State Transport Authority, Orissa, Cuttack (hereinafter referred to as "S. T. A)-opp. party No. 2 in comparison of comparative merits granted temporary permit of stage carriage to the petitioner for vahicle bearing registrati9n number OR-05-D.5781 on the route Pattamundai-Calcutta, but in the second round of litigation, the petitioner has been deprived of the fruit of the said order and now as per the impugned order dated 3-10-1996 temporary permit has been granted to opp. party No. 3 for vehicle bearing registration number OR-05-D-552S on the self-same route. This order at Annexure-10 of the S. T. A. is the subject matter of challenge in this writ petition under Articles 226 and 227 of the Constitution.
3. A brief resume of facts leading to filing of the present petition is necessary.
Petitioner and opp. party No. 3 applied for grant of temporary permit for their respective vehicles on the route Pattamundai to Calcutta. On consideration of both the applications, the S. T. A. as per order dated 3-7-1996 (Annexure-4) granted temporary permit to the petitioner after rejecting the application of opp. party No. 3. The relevant portion of the said order reads as follows :"
"Coming to the experience of both the operators, it is found that while Sri Birendra Kumar Sahu has no previous experience for operating a bus on this particular route the Executive Officer, Baladev Jew Endowment is operating such long distance buses from Aul to Calcutta and from Pattamundai to Calcutta for nearly 10 years. Besides, the Executive Officer, Shri Baldevjew Endowment has got existing facilities for passengers both at Calcutta as well as at the starting point which Sri Birendra Kumar Sahu does not have.
So taking into account the comparative experience of two operators, it is hereby decided that the temporary permit for 119 days shall be given in favour of the Executive Officer, Baldevjew Endowment. Kendrapara for vehicle No. OR-05-D-6781 on the route Pattamundai to Calcutta. Consequently the application of Sri B. K. Sahu is rejected."
Being aggrieved by the order, opp. party No. 3 filed M, V. Appeal No. 18 of 1996 before the State Transport Appellate Tribunal, Orissa, Cuttack. After hearing, the Tribunal by Us judgment and order dated 6-9-1996 (Annexure-7) remitted the matter to the Chairman, S. T. A. for fresh consideration of the applications. In its judgment, the Tribunal by referring- to a decision of this Court in Jadumani Pradhan Vs. Srinibash Sahu and Others, observed that as per the said judgment although ownership or possession of stage carriage is not a condition precedent for grant of permit, it is a relevant factor for consideration of merits of rival applicants. The petitioner thereafter filed a writ petition, i. e., OJC No. 9693 of 1996 challenging the said decision of the Tribunal. This Court did not admit the writ petition because of the fact that the matter had gone on remand and disposed of the matter by observing that the Chairman, S. T. A. while considering the applications "will not be influenced by any observation made by the appellate authority with regard to the merit of the claim of the respective parties." After the matter came on remand, the Chairman, S.T. A. by the impugned order dated 3-10-1996 (Annexure-10) rejected the application of the petitioner and granted temporary permit to opp. party No. 3 for his vehicle. Since all the reasons given by the Chairman while allowing the application of opp. party No. 3 are challenged it would be profitable to extract the relevant part of the order :
From the vehicle inspection, report mentioned above, it is found that OR-05-D-6781 is provided with (i) Emergency door which is belted by fixed nut-bolts; without provision of any lacking arrangement so that the door can be opened easily in times of emerg
