( 1 ) IN this writ petition, the order passed on 13-1-1989 by state Transport Appellate Tribunal, for short, the 'tribunal' is impugned mainly on the ground that the Tribunal acted without jurisdiction in rejecting petitioner's appeal and in upholding the order passed on 29-10-1986 by Regional Transport Authority, Gwalior, for short, the 'rta', by which petitioner's prayer for renewal of stage carriage permit No. 11 /stage/ 72 on the route Shivpuri to Vijaypur Via Tentra, Pohari and Gaswani was rejected.

( 2 ) IN order to appreciate the contention of petitioner's counsel Shri Shejwalkar, it is necessary to narrate briefly the history of petitioner's permit aforesaid. On 26-7-1970 he had made application as contemplated under S. 46 of the Motor Vehicles Act, 1939, for short, the 'old Act', which was notified in the Gazette (M. P. Rajasthan) on 30-4-1971. With the petition copies thereof are annexed as Annexures A and B respectively. By an order passed on 12-7-1971, R. T. A. had rejected the application of the petitioner and against that order, he had preferred an appeal. He succeeded in appeal and was granted the permit applied for a period of three years from 9-2-19