V.S.KOKJE, R.D.SHUKLA
PT. RAMPRASHAD S/o NANDLALJI PUROHIT – Appellant
Versus
STATE TRANSPORT APPELLATE TRIBUNAL, MADHYA PRADESH – Respondent
( 1 ) THE petitioner carries on business of plying of passengers buses. During the course of his business he had applied for grant of temporary permit on the Rajgarh-Bakani inter State route on which a vacancy for making two single trips daily to be operated by one bus had occurred. Respondent No. 3 had also applied for temporary permit in the same vacancy. The petitioner's application was dated 9-6-1992 and that of the respondent No. 3 was dated 11-6-1992. The applications were heard by the State Transport Authority and were disposed of by a common order dated 26-6-1992, granting temporary permit to respondent No. 3 and rejecting the - application of the petitioner. Against this order an appeal before the S. T. A. T. under S. 89 (1) (a) of the Motor Vehicles Act, 1988 was filed by the petitioner. The appeal was also dismissed, firstly on the ground that under the New Act grant of permit to rival claimaint could not be challenged in an appeal and secondly that the equity was not in favour of the petitioner as he had ten other stage carriage permits and 3-4 temporary permits already in his pocket. Against this decision, the present petition has been filed.
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