Sardar Surjit Singh Virk vs State Transport Appellate Tribunal and Another

D.M. Dharmadhikari, J.—The petitioner is a transporter who had applied for National Permit under the provisions of the Motor Vehicles Act, 1939 (now repealed by the Act of 1988). The State Transport Authority by communication dated 8.7.83 had directed the petitioner that as a pre-condition for grant of National Permit, he has to surrender his permit for vehicle No. CPK-3612.

The petitioner went in appeal to the State Transport Appellate Tribunal and made an application for grant of stay or interim direction. By the order dated 11.8.83, the State Transport Appellate Tribunal rejected the stay application. The petitioner then approached in writ petition--M.P. No. 2155/83 which was decided on 8.9.83 by the then Division Bench directing the petitioner to approach the State Transport Appellate Tribunal and convass the grounds on merit in the pending appeal. The Division Bench declined to entertain the petition against the rejection of the stay application by the State Transport Appellate Tribunal. ''

The petitioner then approached this Court second time for the same relief stating in the body of the petition that the State Transport Appellate Tribunal is defunct and not functioning for want of presiding officer.

Since the petition was entertained at the time when the presiding officer of the State Transport Appellate Tribunal was not available for deciding the appeal. Counsel for parties are heard on merits of this petition. The impugned communication of the State Transport Authority dated 8.7.83 (Annexure-H) was issued when the then Motor Vehicles Act, 1939 was in force. That Act of 1939 has been repealed by the Motor Vehicles Act, 1988 in which it is pointed out to me that there is no prohibition or any impediment for grant of National Permit. On the basis of the interim order passed by this Court on 30.3.84, the petitioner was asked to return his permit for vehicle No. CPK-3612. Under the new Act, the authorities shall have to consider whether the permit for the vehicle CPK-361 ''2 can be renewed for a further period. That consideration has to be relaxed on the basis of the provision of the new Act and the rules framed thereunder.

With the above liberty to the respondents, the order dated 8.7.83 (Annexure-H) directing surrender of the permit is hereby quashed. There shall be no order as to costs. The amount of security shall be refunded to the petitioner.