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1978 DIGILAW 224 (MP)

Motor Mazdoor Yatayat Multipurpose Co-operative Society Ltd. v. State Transport Appellate Tribunal

1978-03-16

G.G.SOHANI, G.L.OZA

body1978
Short Note : 1. The Regional Transport Authority, Indore, invited applications for grant of stage carriage permit on Japgaon-Khandwa route. By its order dated 15.9.1972 the Regional Transport Authority granted permit to the petitioner. The State Transport Appellate Tribunal, by the impugned order allowed the appeal of respondent No. 3 and set aside the order passed by the Regional Transport Authority. 2. The Tribunal found that the Regional Transport Authority had granted permit to the petitioner mainly on the ground that it was a Co-operative Society. The Tribunal however held that preference could be given to a Co-operative Society provided other conditions were equal as laid down by the proviso to section 47 (1) of the Motor Vehicles Act, 1939. The Tribunal found that from the material on record it was clear that the record of the petitioner was not clean in view of certain documents which were filed before the Tribunal and the correctness of which was not disputed before the Tribunal on behalf of the petitioner. In these circumstances, it must be held that the petitioner has failed to make out any case for quashing the impugned order under the provisions of Articles 226 and 227 of the Constitution of India Petition dismissed.