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Judgment
B.K. Sangalad, J.—Petitioner is the holder of a stage carriage permit under permit No. 10/80-81 valid on route Kollegal to K.R. Sagar and back to perform two round trips per day. The said permit was granted under the old Motor Vehicle Act, 1939. The last renewal was granted on 30.12.1995 and it is valid from that date to 30-12-2000. The said renewal is endorsed in the permit in No. RTA.I.SCP.REN.P.St.P.10/80-81 on 17.5.1997. Now this renewal is revoked by the order as per Annexure-B dated 9-1-1998.
According to Mr. Krishnaswamy, learned Counsel for the petitioner, once there is a renewal, suomotu the same cannot be revoked. To support his contention, he relied on the decision reported in the case of D.P. Sharma Vs. State Transport Authority, wherein it is stated as follows:-
"The decision, so far the authority making it is concerned, become irrevocable, except where power of review is expressly conferred."
Heard Mr. Kotian, learned AGA. Mr. Krishnaswamy further relied upon the decision in the case of Gajraj Singh etc. Vs. The State Transport Appellate Tribunal and others etc., . 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 suomotu. Hence the following order is passed:-
In the result, the writ petition is allowed. Annexure-B is quashed.
Learned AGA is permitted to file memo of appearance within 4 weeks.