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BASANT ROADWAYS
v.
STATE TRANSPORT APPELLATE TRIBUNAL & ORS.
SEPTEMBER 30, 1986
[E.S. VENKATARAMIAH AND G.L OZA, JJ.]
Constitution of India, Art. 136--lnterim orders of High Court-
No Interference in Special Leave Petitions.
Motor Vehicles Act, 1939, s. 57-Practice of granting of tem-
porary permits repeatedly to ply stage carriages deprecated.
In a petition for special leave against an interim order of the High
Co,nrt,
HELD: (1) As the special leave petition is filed against an interim
order of the High Court, this Court does not propose to interfere. I 1003B]
(2-1) The practice of granting of temporary permits repeatedly to
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ply stage carriages for short periods even when it is made out that there
is a grave need for increasing the number of regular services on the
;_
routes in question in the public interest is deprecated. In many cases
this practice has led to undesirable results. I I003B-C]
(2.2) The proper action to be taken by the Regional Transport
F _ Authorities in such cases is to grant regular permits in accordance with
law either by inviting applications for grant of permits or ,on the appli-
-1
cations made by intending operators suo motu under s. 57(2) of the
"
Motor Vehicles Act, 1939. I 1003C-D]
CIVIL APPELLATE JURISDICTION: Special Leave Petition
G
(Civil) No. 11638 of 1986
From the Judgment and Order dated 12th September, 1986 of
the Mad\lya Pradesh High Court in M.P. No. 2845of1986.
B.K. Rawat, M.K. Dua, Aman Vachher and S.K. Mehta for the
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P.etitioners.
1002
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BASANf ROADWAYS v. STATE TRANSPORT
1003
The following Order of Court was delivered
ORDER
Since this petition is filed against an' interim order we do not
propose to interfere with the order of the High Court. The Petition is
dismissed.
We, however, deprecate the practice of granting of temperory
permits repeatedly to ply st&ge carriages for short periods even when it
is made out that there is a grave need for increasing the number of
regular services .on the routes in question in public interest. In many
cases 'this practice has led to undesirable results. In all such cases the
proper action to be taken. by the Regional Transport Authorities is to
grant regular permits in accordance with law either by inviting applica-
tions for grant of permits or on the applications made by intending
operators suo motu under section 57(2) of the Motor Vehicles Act,
1939. We hope that the Regional Transport Authorities will take
necessary steps in accordance with law in respect of all the routes to
alleviate the suffering of the travelling public.
M.L.A.
Petition dismissed.
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