Bittu Kanwar vs State Of Himachal Pradesh And Others

L. Narayana Swamy, CJ

The petitioner makes his claim against the ST permit, which was earlier issued in favour of respondents No. 4 and 5, and seeks the issuance of the said ST permit in his favour in view of the fact that the permit issued in favour of respondents No. 4 and 5 has been surrendered by them.

A prayer has, therefore, been made on behalf of the petitioner that the respondents­State may be directed to transfer the ST permit, earlier granted to respondents No. 4 and 5, in favour of the petitioner.

Learned Additional Advocate General submits that if a person, who is in possession of the permit, surrenders the permit for one reason or the other, then it is for the Government to take a decision thereon strictly in accordance with law and the policy, occupying the field. He further submitted that as per Section 82 of the Motor Vehicle Act, issuance of the permit has to be considered and allotment is to be made strictly in accordance with law.

In view of the submissions made by the learned counsel for the respective parties, this petition is disposed of with a direction to the respondents­State to consider the claim made by the petitioner for issuance of ST permit earlier issued in favour of respondents No. 4 and 5, in the light of the surrender made by respondents No. 4 and 5, strictly in accordance with law, more particularly, Section 82 of the Motor Vehicles Act

All pending miscellaneous applications, if any, are disposed of accordingly.