SPECIAL CIVIL APPLICATIONS No 1219/84 v. WAGHELA TRAVEL SERVICE
Case at a glance
Outcome
Dismissed
Applications are dismissed
Provisions considered
Judgment
CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 08/01/97 ORAL JUDGMENT (cid:9)Heard learned counsel for the parties and perused the Special Civil Applications. All these Special Civil Applications have arisen from common order of the State Transport Appellate Tribunal, Gujarat State, Ahmedabad, and proceed on the same facts and grounds, and as such, the same are being disposed of by this common order.
2.(cid:9)The respondents in these Special Civil Applications were granted all India tourist permit under Section 63(7) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act, 1939) in respect of their tourist vehicle. The respondents have contravened the terms of the all India tourist permit by plying vehicles as stage carriage and the petitioner has taken action under Section 60 of the Act, 1939 for suspension/cancellation of the permits. It is not in dispute that the petitioner has, for the aforesaid contravention of the terms of permit by respondents, decided to suspend the permits varying from 10 to 30 days in different cases. The respondents dissatisfied with the aforesaid order of the petitioner, preferred an appeal before the State Transport Appellate Tribunal, Gujarat State at Ahmedabad, and under the impugned order, the Tribunal has allowed those appeals and the order suspending the permits of the respondents have been set aside.
3.(cid:9)Shri M.R. Raval, learned counsel for the petitioners contended that the judgment of the State Transport Appellate Tribunal is absolutely erroneous on the face of it as it is contrary to the decision of the Hon'ble Supreme Court. I do not consider it necessary to go on the validity, propriety and correctness of the decision of the Tribunal for the reason that the permit of the respondents were suspended only for 10 to 30 days in the cases and for all these years that order was not given effect to as in the appeal preferred by those respondents, as Shri Raval stated, the State Transport Appellate Tribunal has granted interim relief and ultimately that order, as stated earlier, has been quashed and set aside by the Tribunal. In above circumstances, no purpose will be served in case now the order of the petitioner is restored. There is a possibility that some of the permits of the respondents would have come to and end, which fact has also not been disputed by the learned counsel for the petitioner. Moreover, this Court has not considered it to be a fit case to stay the operation of the order of the State Transport Appellate Tribunal.
Operative part
4.(cid:9)In the result, all these Special Civil Applications are dismissed. However, it is made clear that this judgment may not be considered as confirming the decision given by the State Transport Appellate Tribunal in these matters on merits. It shall be open to the petitioners to raise all points which they wanted to raise in these petitions in the appropriate case before the State Transport Appellate Tribunal, State of Gujarat, Ahmedabad, and the decision of the Tribunal impugned in these Special Civil Applications will not be considered to be a final decision and the Tribunal has to consider the matter afresh. Rule discharged. No order as to costs. ....... (sunil)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Applications are dismissed
Which statutory provisions did this judgment involve?
Constitution of India; Motor Vehicles Act, 1988 — s. 63(7).
Which court decided this case, and when?
Gujarat High Court, on 08 Jan 1997. The bench was S K KESHOTE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.