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Judgment
The petitioners are the existing stage carriage operators in the districts of Mysore and Mandya. They have been granted stage carriage permits under the Motor Vehicles Act of 1939. The said permits are being renewed from time to time. Motor Vehicles Act of 1939 has been repealed and in its place Motor Vehicles Act of 1988 has been enacted which has come into force from 1-7-1989. Acting under the provisions of Section 217 read with Section 81 of the Motor Vehicles Act, the said permits are being renewed under the Act of 1988. The details are as follows:
Sl. No.
Petitioners'' Name
Permit No.
Renewed upto
1.
K.P. Prabhuswamy
14 of 1962-63
31-12-1999
2.
K.P. Prabhuswamy
11 of 1976-77
22-02-2002
3.
N. Shivaswamy
12 of 1977-78
05-12-2001
4.
B.K. Ramesh
02 of 1966-67
12-04-2002
5.
P.S. Guruprasad
27 of 1962-63
3-10-2001
6.
Usha Ramakrishnan
12 of 1967-68
7-03-2001
7.
Mahadeva
04 of 1962-63
31-12-2000
Now the respondent has issued the notice as per Annexure-H to N and P cancelling the renewals. Being aggrieved by this, all these writ petitions arise.
Mr. Krishnaswamy, learned Counsel for the petitioners submits that already this Court has passed an order quashing a similar notice issued to another existing operator as in Annexure-H in W.P. No. 5032 of 1998 by an order dated 18-2-1998. To support his contention, he relied upon the decision in the case of D.P. Sharma v State Transport Authority (relevant page No. 3269) wherein it is stated as follows:
"The decision, so far the authority making it is concerned, becomes irrevocable, except where power of review is expressly conferred".
He further relied upon the decision in the case of Gajraj Singh and Others v State Transport Appellate Tribunal and Others. In view of these decisions I think there is some force in the argument of Mr. Krishnaswamy. Hence, there is no impediment to hold that the authority has no power to revoke the renewal suo motu. Hence, the following order is passed:
These writ petitions are allowed. Annexure-H to N and P are quashed. The learned High Court Government Pleader is directed to take the notice and file his memo of appearance within four weeks.