The main legal point established in the judgment is the interpretation of Section 2(30) of the Motor Vehicles Act and the requirement for the applicant to be the owner of the vehicle at the time of making the application, as well as the legal fiction of ownership created for the purpose of the Motor Vehicles Act.

” This review petition has been filed for review of the order dated 05.03.2014 passed in Writ Petition No.8065/2013.

2. Petitioner submitted an application for grant of permanent permit on 20.08.2009. The said application was considered by the authority on 25.02.2012 because on the aforesaid date, arguments were heard. Before hearing the arguments, the petitioner submitted a lease agreement and an application dated 21-02-2012. Copies of the original lease agreement are in the record and they have been placed by the State Government. By the aforesaid lease agreement, a vehicle bearing number MP07 P-0767 was leased out in favour of the petitioner with effect from 22-02-2012 to 28-02-2013 for the purpose of plying the vehicle on route Gwalior to Tikamgarh. Considering the application of the petitioner, the Regional Transport Authority granted the permanent permit in favour of the petitioner for the route Gwalior to Tikamgarh with one return trip daily.

3. The objector filed an appeal before the STAT against the aforesaid order. The STAT vide its order dated 23.10.2013 allowed the appeal after holding that the petitioner had a leased vehicle hence he could not be said to be the owner of the vehicle in view of Section 2(30) of the Motor Vehicles Act, 1988. Against the said order, a writ petition was filed which was also dismissed by this Court vide order dated 05.03.2014 under review herein which goes as under:

05-03-2014

Shri Arvind Dudawat, Advocate for the petitioner.

Shri M.P.S.Raghuvanshi, Additional Advocate General for respondent/State.

Heard.

This petition has been filed against the order dt. 23.10.2013 (Annexure P/5) passed by the State Transport Appellate Tribunal.

The petitioner was granted a permanent permit by the State Transport Authority vide order dt. 9.4.2012 for the route Gwalior to Tikamgarh one single trip daily. The aforesaid permit was cancelled by the STAT in an appeal on the ground that the petitioner was not the owner of the vehicle at the time of filing the application for grant of permit, hence, no permit could be granted in favour of the petitioner.

Learned counsel for the petitioner has submitted that the findings recorded by the STAT are against the law. The petitioner had a valid lease in regard to the vehicle at the time of passing of the order, hence, he fulfills all the conditions in regard to grant of permanent permit.

The question for consideration before this court is whether the petitioner fulfilled all the conditions in regard to grant of permanent permit at the time of issuance of permit.

State Government has made rules named as Madhya Pradesh Motor Vehicles Rules, 1994 (hereinafter referred Rules of 1994) in exercise of powers conferred by Sections 28, 38, 65, 95, 96, 107, 111, 138, 159, 176, 211 and 213 of the Motor Vehicles Act, 1988 (No.59 of 1988). Rule 72 of the Rules of 1994 prescribes forms of application for permit. In accordance with the aforesaid Rule 72 (1) of the Rules of 1994, every application for grant of permit in respect of any transport vehicle shall be in one of the following forms and in accordance with the aforesaid Rule 72 (3)(a) in respect of stage carriage permit, it would be in the form M.P.M.V.R.-42 (S.C.P.A.). Rule 72 (3) (b) of the Rules of 1994 prescribes that an application of stage carriage permit shall be accompanied by certain documents and one of the conditions is of certificate of registering authority in regard to ownership of vehicle of the applicant.

Relevant rule is as under :”

(b) ' certificate from Registering Authority containing make, model and seating capacity of the vehicles owned by the applicant at the time of making the application:'

Appropriate form M.P.M.V.R.-42 (S.C.P.A.) has also been prescribed in accordance with rule, which is part VI of the Rules of 1994. Clause 8 of the form is in regard to details of the vehicle which is to be offered to operate on the route applied for :

8. Details of the vehicle offered to operate on the route applied