The formulation of the route under Section 68(3)(ca) of the Motor Vehicles Act, 1988 is a condition precedent before filing an application for a stage carriage permit under Section 70 of the Act.

JUDGMENT

      1. Heard.

2. The petitioner has filed this petition against the order dated 2nd May 2013 (Annexure P/1) passed by the State Road Appellate Tribunal (STAT) and also against the order dated 1.6.2012 (Annexure P/2) passed by the Regional Transport Authority.

3. Respondent No. 2 filed an application on 19.5.2008 for grant of permanent permit from Rewa to Jabalpur one return trip daily. He submitted the following time table :-

4. An objection was raised at the time of grant of permit that when the application was filed, the route was not formulated. The authority granted the permit vide order dated 1.6.2012 on the ground that the respondent No. 2 fulfilled all the qualifications. Against the aforesaid order, the petitioner preferred a revision before the STAT, that was also dismissed.

5. The question for consideration before this court is that whether the application for grant of permanent permit was maintainable when the route was not formulated.

6. It is an admitted fact that the respondent No. 2 submitted an application for grant of permanent permit on 19.5.2008 for the route mentioned above in the order. As per the finding recorded by the respondent No. 1, the route was formulated on 21.5.2008, hence, it is clear that on the date when the application was submitted by the respondent No. 2, the route was not formulated.

7. Division Bench of this court vide order dated 29th day of January 2010 passed in W.P. No. 1245/2009 [Ashis Kumar Jain Vs. M.P. State Transport Appellate Tribunal and others] has held as under in regard to maintainability of the application if the route is not formulated :-

"7. Section 70 of the aforesaid Act of 1988 prescribes for application for grant of stage carriage permit, which is as under :-

"70. Application for stage carriage permit.- (1) An application for a permit in respect of a stage carriage (in this Chapter referred to as a stage carriage permit) or as a reserve stage carriage shall, as far as many be, contain the following particulars, namely :-

(a) the route or routes or the area or areas to which the application relates;

(b) the type and seating capacity of each such vehicle ;

(c) the minimum and maximum number of daily trips proposed to be provided and the time-table of the normal trips.

Explanation.- For the purposes of this section, section 72, section 80 and section 102, "trip" means a single journey from one point to another, and every return journey shall be deemed to be a separate trip;

(d) the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions;

(e) the arrangements intended to be made for the housing, maintenance and repair of the vehicles, for the comport and convenience of passengers and for the storage and safe custody of luggage;

(f) Such other matters as may be prescribed.

(2) An application referred to in sub- section (1) shall be accompanied by such documents as may be prescribed."

From Section 70(1)(a) of the Act of 1988, it is clear that an application for permission in respect of stage carriage must have to mention the particulars that the route or routes or the area or areas to which the application relates. From the aforesaid provision, it is clear that in the application the applicant has to mention the route or the routes or the area or areas to which he intends to get permit. Prior to Section 70of the Act of 1988, Section 68(3)(ca) of the aforesaid Act gives power to the State Government to formulate routes or route for playing stage carriages. The aforesaid provisions if be reads in consonance then it is crystal clear that an application for grant of stage carriages permit could only be submitted on the route which has been formulated in accordance with the provisions of Section 68(3)(ca) of the Act of 1988:-

8. The Hon'ble Supreme Court in the case of Mithilesh Garg Vs. Union of India and others, reported in AIR 1992 SC 443, has held as under in regard to object of the Act of 1988 :-

"A comparative reading of the p