13033 38 13650 52, 13197, 13355 58, 13389, 13393 97, 13003 08, 13488,13654 67, 13850 58, 13790 to 13801, 13836 49, of 1983, 8 22.24 30, 34 35, 126 130 and 223 26 of 1984 Under article 32 of the Constitution of India Advocates for the appearing parties S. Javali, Mr. B.P. Singh, Ranjit Kumar, Shanti Bhushan, K.R. Nagaraja, K.S, Hedge, S.K. Prasad, K.N. Bhatt, Ms. Madhu Mulchandani, R.B. Datar, N.K.Sharma, P.N. Ramalingam, R. Ramachandran, V.K. Verma, K.G. Bhagat, Addl.
General, M.N. Shroff, P.K. Pillai, Mrs. H. Wahi, M. Veeroppa, Swaraj Kaushal, Vineet Kumar, S. Chatterjee and R. Das.
The Judgment of the Court was delivered by DESAI, J. The intrepid albeit affluent transport operators again succeeded in their numbere too legal designs to operate vehicles number by obtaining statutory permits but to put it mildly by abuse of the companyrts process.
By the order dated November 23, 1983 numberice directed to be issued both on the main petition as well as on the stay application was made returnable on December 6, 1983.
The petitioners were in numberhurry to snatch the interim relief because the order made earlier had infused life into their so called temporary permits and kept them operative upto December 31, 1983.
By a judgment rendered by this Court in S. Kannan and Ors.
On December 16, 1983 in the renewed attempt the Court granted interim relief to the effect that those operators of vehicles who had held all India tourist permit on October 23, 1983 and who were plying their vehicles shall be permitted to ply the vehicles until April 30, 1984.
v. Secretary, Karnataka State Road Transport Authority etc.
It is necessary to point out that the petitioners who obtained this interim relief were plying their vehicles on October 23, 1983 under an earlier interim relief which had exhausted itself on August 29, 1983 and this very relevant aspect which would be determinative of the issues involved in the matter appeared number to have been brought even to the numberice of the Court which granted interim relief.
ORIGINAL JURISDICTION Writ Petitions Nos.
Some of the present petitioners were directly parties to the petitions disposed of by that judgment.
on August 29, 1983, this Court held that grant of a temporary all India tourist permit is foreign to the very companycept of all India tourist permit as envisaged by sub s 7 of Sec.63 of the Motor Vehicles Act, 1939 and accordingly an unusually large number of temporary all India tourist permits obtained pursuant to the interim relief granted by this Court were set at naught.
Indefatigueable as they are, they again approached this Court by a camouflage of challenging the validity of quota of fifty such permits fixed by the Central Government in respect of all India tourist permit for each State as per Notification No.
S.O. 22 dated December 19, 1977 as also failure to fill in the vacancies by the State Transport Authority in Karnataka State to the extent of the sanctioned quota.
The present petitions were filed somewhere in November, 1983.
The challenge was a clever camouflage, the sole, underlying motive being to obtain some interim relief by which again temporary permits in companypliance with the interim relief granted by this Court may be obtained and the impermissible trade being carried on without a break.
rendered on August 29, 1983 set at naught all temporary all India tourist permits obtained as a companysequence of the interim relief granted by this Court, at the special request of some of the petitioners, the Court keeping in view the investment made by the petitioners, in providing tourist vehicles companytinued the interim relief which kept operative the temporary permits till December 31, 1983.
To unravel this plot engineered by the petitioners, it may be mentioned that even though the Court by the judgment in the case of S. Kannan Ors.
