Dr. T.N. Singh, J. -- 1. Two private bus-operators have locked horns in this legal battle but we also heard Shri D. V. Nigudkar, Standing Counsel for the M.P. State Road Transport Corporation, because of the general importance of the question mooted for our decision in this matter. Shri R.D. Jain consented to act as amicus curiae and we also heard him and petitioner's counsel, Shri Arvind Dudawat. Oral hearing was concluded on 15.2.1993 but Shri J.P. Gupta, learned counsel appearing for the main contestant respondent No.3, also filed written argument on 18.2.1993.

2. On facts there is little dispute and indeed only few facts are to be stated to decide the important question of law on which counsel addressed us extensively. The petitioner is owner of only one vehicle of 1992 model for which he holds stage carriage permit No. 237/92 for the route Pichore to Rajgarh valid up-to 19.11.1997. While the petitioner is a new-comer in the trade and his permit is a fresh grant, Respondent No.3 is holding stage- carriage permit No. P. St.S.147/70 for the same route which was a permit "renewed" under Motor Vehicle Act, 1939, for short, 'Old Act, and was valid upto 17.11.1991. He made an ap