Mohammed Yusuf Khan v. State Transport Appellate Tribunal M. P.
1977-04-11
K.K.DUBE, R.K.TANKHA
body1977
DigiLaw.ai
Short Note : 1. The contention raised was that the appeal before the appellate Tribunal was time-barred. This contention is without any substance. Firstly, the petitioner has given no details in this petition as to how the appeal was time-barred. Merely saying in the petition that the appeal was time-barred was not sufficient. Any way, this Court looked into this question and found that the appeal was field within time. It was Dot disputed that the order of the Regional Transport Authority which was challenged in appeal was dated 9-9-1973. The respondent NO.3 was informed of the order on 5-11-1973 and the application for certified copy was made on 17-11-1973. The certified copy was delivered on 24-8-1974 and the appeal was filed on 2.9.1974. It is settled that the period of limitation would start running from the date of the receipt of order. Section 57 (7) of the Act makes it mandatory for the Regional Transport Authority to give reasons in writing for the refusal of an application for permit to the applicant. In the instant case, it was not disputed that no such reasons were given earlier by the Regional Transport Authority and as such respondent No.3 who could only know the reasons after having obtained the certified copy of the order which was on 24-8-1974. Thus the time for the purposes of limitation started from 24-8-1974 and the appeal having been filed on 2-9-1974 was well within time. Bundelkhand M. T. and Co. v. State Transport Appellate Authority, 1968 JLJ 811 , relied on. Petition dismissed.