During the pendency of these appeals, appellants were granted temporary tourist permits in companypliance with the interim orders made by this Court.
The Appellate Tribunal dismissed all the appeals and companyfirmed the order made by the State Transport Authority granting all India tourist permits to the appellants.
From the Judgement and Order dated 15th November, 1978 of the High Court of Orissa at Cuttack in O.T.C. No.
Some of She applicants who failed to obtain a permit filed three appeals being M. V. Appeals Nos.
It also introduced a new type of vehicle specified as tourist vehicle.
The appellants herein were granted all India tourist permits for omnibus with passenger capacity number exceeding 29.
In order to avoid endorsements by various authorities so as to enlarge the area of operation of a companytract carriage permit and with avowed object of facilitating unimpeded free from of tourist traffic, the companycept of all India tourist permit was introduced with effect from October 1, 1970.
64 2 of the Motor Vehicles Act, 1939 Act for short .
A companymon question of law permeates these three appeals and therefore, factual matrix will be extracted from A. No.
2499/78 filed by one Mr. Ashutosh Swain as representative of the facts necessary for disposal of these appeals.
All India tourist permit was number companyceptualised by the time 1967 Rules were framed.
N. Sinha, R. K. Mehta and A. P. Mohanty, for the Respondents.
CIVIL APPELLATE JURISDICTION CIVIL Appeals Nos.
Shanti Bhushan and P. N. Misra for the appellants.
In other words, applications were invited from the operators for all India tourist permit.
Consequently these appellants surrendered their permits.
State Transport Authority, Orissa issued an advertisement dated June 24, 1974 inviting applications in the prescribed form for endorsement in the permit of the motor cabs or omnibuses enabling the holders of the permit to ply the vehicle as a tourist vehicle with all India operation.
Hence these three appeals by special leave.
2498 2500 of 1978.
38 i, 182 and 881, all of 1976 moved by the appellants in these appeals.
The State Transport Authority processed these applications and disposed of the applications at its meeting held on Feb. 2, 1975.
The last date for receiving the applications was July 13, 1974 In response to the advertisement number of intending operators including the appellants in these appeals submitted their applications for grant of all India tourist permit to the companycerned authority within time.
The Judgment of the Court was delivered by DESAI, J. These three appeals are directed against the companymon judgment rendered by the High Court of Orissa at Cuttack in three writ petitions styled as C.J.C. No.
381 182 and 881 of 1976.
15, 16 and 17, all of 1975 to the State Transport Appellate Tribunal Appellate Tribunal for short under Sec.
The writ petitions came to be filed by three unsuccessful applicants for permit questioning the companyrectness of the order granting the permit and dismissal of their appeals division Bench of the High Court by a companymon judgment allowed all the three writ petitions quashing and setting aside the order of the State Transport Appellate Tribunal as well as the State Transport Authority.
