The court ruled on the entitlement of the appellant to a stage carriage permit independent of another party's renewal application, emphasizing amended legislative provisions.

1. In October, 1965, a number of routes in Meerut and Bareilly Regions were amalgamated and an inter - regional route Meerut - MowanaMiranpur - Bijnor - Lawan - Ph - alauda Khatauli was created. One Ganga Saran held a permanent stage carriage permit on the said route which was to expire on 11-101967. On 24-7-1967 he applied for renewal of his permit. On 19-8-1967 the appellant Mithan Lal made an application for grant of a permanent stage carriage permit on the aforesaid route. The renewal application of Ganga Saran and the application of Mithan Lal were published in the U. P. Gazette dated 23-9-1967 inviting objections. On 13-10-1967 Mithan Lal filed objections to the renewal application of Ganga Saran. Objections were filed by other persons also to the renewal application of Ganga Saran. The Regional Transport Authority considered the renewal application of Ganga Saran and by its order dated May 8/10, 1968, rejected the objections and renewed Ganga Saran's permit. Mithan Lal's application for grant of a permit in his favour was rejected, Mithan Lal preferred an appeal before the State Transport Appellate Tribunal, U. P. (hereinafter referred to as the Tribunal). During the pendency of the appeal Ganga Saran died. The permit was transferred in the name of his widow, Smt. Sumitra Devi. The Tribunal, by its order dated 7-5-1973, allowed Mithan Lal's appeal and granted one regular stage carriage permit to him on the route in question. The Tribunal did not interfere with the order of the Regional Transport Authority renewing the Permit of Ganga Saran which had been subsequently transferred in the name of his widow Smt. Sumitra Devi. The order of the Tribunal was challenged in this Court by Rahimuddin, an existing operator on the route. The learned single Judge allowed the petition and quashed the order of the Tribunal granting a permit to the appellant. The learned single Judge held that the Tribunal exceeded its jurisdiction in granting one additional permit to Mithan Lal on the reasoning that the application of Mithan Lal was tied up to the vacancy likely to arise due to the expiry of the permit of Ganga Saran and it could not be treated as an independent application. The learned Judge did not consider it necessary to decide two other questions which were canvassed in support of the petition, namely, (1) that the legal representatives of Ganga Saran were not brought on record in the appeal before the Tribunal and consequently the appeal had abated and (2) that the period of validity of the permit, which had been renewed, expired in May 1971 and hence Mithan Lal's appeal was rendered infructuous.

2. On merits the controversy Centres round the question whether the application of Mithan Lal for a permit in his favour was an independent application or it was tied up to his objections to the renewal application of Ganga Saran and formed a part and parcel of the objections. It was urged that the application was made on 19-8-1967, much before the objections were filed. It had been published in the U. P. Gazette inviting objections as required by law. When the application was taken up for consideration by the Regional Transport Authority, it could be considered with regard to any vacancy that existed on that date. The application should have been considered on the test of eligibility of the applicant but the Regional Transport Authority committed an error in treating the application as tied up to the renewal application of Ganga Saran and rejected it by