BISHAMBHAR DAYAL, A.P.SEN, R.J.BHAVE
SURENDRA MOHAN CHAURASIYA – Appellant
Versus
STATE TRANSPORT APPELLATE AUTHORITY, M. P. , GWALIOR – Respondent
( 1 ) THIS petition arises out of a Motor Vehicles case and has been referred to a Full bench because of an apparent conflict of views in different Division Benches of this court on the question whether the State Transport Appellate Authority can remand a case to the Regional Transport Authority for a reconsideration of the matter when evidence is already on record and the State Transport Appellate Authority can dispose of the case on merits.
( 2 ) THE brief facts which have given rise to this writ petition are that the Regional transport Authority, Rewa, advertised for applications for one permit on the panna-Jabalpur route, 35 operators applied before the Regional Transport authority. On the 24th June, 1963 the Regional Transport Authority granted a permit to Surendra Mohan Chaurasiya, who has filed the present petition, and dismissed the other applications. Out of the operators whose applications had been rejected, 12 persons filed appeals before the State Transport Appellate authority, One appeal had been filed by the Madhya Pradesh State Road Transport corporation, which was appeal No. 314 of 1963. This appeal was allowed on the ground that the Regional
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