BASANT ROADWAYSversusSTATE TRANSPORT APPELLATE TRIBUNAL & ORS.

                                                                                        ~--


A

                             BASANT ROADWAYS
                                          v.
         STATE TRANSPORT APPELLATE TRIBUNAL & ORS.
B
                             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.
c
          Motor Vehicles Act, 1939, s. 57-Practice of granting of tem-
     porary permits repeatedly to ply stage carriages deprecated.


D
           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
E    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. I1003C-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
H    P.etitioners.

                                       1002
                     BASANf ROADWAYS v. STATE TRANSPORT                    1003

            The following Order of Court was delivered                             A

                                      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
                                                                                   B
      dismissed.
'1'
            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   c
      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
                                                                                   D·
      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.

                                                                                   E