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2009 Supreme(MP) 1314

ARUN MISHRA, SUSHMA SHRIVASTAVA
Parihar Transport Company – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For petitioner:B.K.Rawat, For respondent No.4: Amit Singh, For State:Ms.Sheetal Dubey, Government Advocate

JUDGMENT

Arun Mishra, J.:-

The Order (P-4) passed by the State Transport Appellate Tribunal passed in Revision No. 638/2007 passed has been assailed by way of filing instant writ petition.

2. Revision No. 638/2007 was preferred as against the order of grant of permit to M/s Parihar Transport Company whereas against the order dated 10-10-2007 passed in Case No. 158/96 by Regional Transport Authority, Rewa refusing to renew the permit held by Drigpal Singh, Appeal No. 476/2007 was preferred, which has been decided vide order (p-3) dated 13-4-2009.

3. The only question agitated by Shri B. K. Rawat appearing with Shri Komal Patel for petitioner, is that as against the order of grant of permit, appeal was maintainable, revision was not maintainable before STAT, thus the interference made by the STAT in the revisional order (P-4) is without jurisdiction.

4. Shri Amit Singh and Ms. Sheetal Dubey, GA appearing for respondents have supported the order and submitted that appeal lies only in the case of refusal to grant permit as envisaged under section 89(1)(a) of Motor Vehicles Act, 1988 (hereinafter referred to as the Act). Thus no case for interference is made out.

5. Two orders were passed by






















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