It is numberdoubt true that in both the writ petitions filed by Smt.
Akhtari Begum, Jaiswal Transport Cooperative Society and two others filed separate appeals before the State Transport Appellate Authority hereinafter called Appellate Authority .
Appeal by special leave from the Judgment and order dated 27th January 1971 of the Madhya Pradesh High Court of Judicature a. Jabalpur in M.P. No.
The High Court allowed the writ petitions and remanded the cases to the Appellate Authority for deciding both the appeals afresh.
The Regional Transport Authority by its order dated 27 2 1961 granted two permits one to the appellant and the other to M s. Jawahar Yatayat Cooperative Society and rejected the other applications.
Akhtari Begum and Jaiswal Transport Cooperative Society challenged the validity of the order in writ petitions before the High Court.
Both the permits were ordered to be granted to M s. Akhtari Begum.
In other words, the appellant never objected to the plea bail raised and companysidered by the Appellate Authority.
Even in the Special Leave Petition, the appellant has number taken a ground that the plea was number available to the third respondent before the Appellate Authority and in the High Court as it was number raised by Smt.
Akhtari Begum in the appeal filed by her before the Appellate Authority or in the writ petitions filed before the High Court.
The Appellate Authority by its order dated 25 9 1962 maintained the order of the Regional Transport Authority and dismissed the appeals.
Akhtari Begum and Jaiswal Transport Cooperative Society were headed and the Appellate Authority by its order dated 7 8 1964 again dismissed the appeals and thus maintained the order passed by the Regional Transport Authority granting permits in favour of the appellant and M s. Jawahar Yatayat Cooperative Society.
The reasoning of the Appellate Authority was that the applications of the appellant and M s. Jaiswal Transport Cooperative Society were invalid as they were number registered as companyperative societies on the date on which the application for permits were made to the Regional Trans port Authority and so the applications were number maintainable in law.
Nor did the appellant plead in the writ petition before the High Court that it was number open to the Appellate Authority to entertain or companysider this plea as it was number raised by Smt.
S. Nariman, and P. C. Bhartari, for respondent 3 a to 3 e .
Akhtari Begum and set aside the order of the Regional Transport Authority granting permits in favour of the appellant and M s. Jawahar Yatayat Cooperative Society.
Two writ petitions were filed before the High Court by the appellant as well as by M s. Jawahar Yatayat Cooperative Society challenging the order.
Akhtari Begum and M s. Jaiswal Transport Cooperative Society again filed separate writ petitions before the High Court challenging the order of the Appellate Authority.
CIVIL APPELLATE Jurisdiction Civil Appeal No.
The Regional Transport Authority, Indore, by a numberification dated 23 10 1959 invited applications for two single trip permits for running stage carriage on Nanda Indore and Indore Nagda routes via Hingoria, Gautampura and Depalpur.
758 of 1971.
The High Court agreed with the companyclusion of the Appellate Authority that the applications for grant of permits filed by the writ petitioners were number maintainable and dismissed the writ petitions by a companymon order.
One Jaiswal Transport Cooperative society and a few others also applied for permits.
The High Court quashed the order of the Appellate Authority and remanded the case for fresh disposal by that authority.
Thereafter the appeals filed by Smt.
The Judgment of the Court was delivered by MATHEW, J. This is an appeal, by special leave, from the judgment of the high Court of Madhya Pradesh at Jabalpur holding that the appellant was number entitled to the permit in question for the reason that the application for grant of permit was number maintainable in law.
The Appellate Authority, by its order dated 31 1 1968 allowed the appeal filed by Smt.
3, submitted two applications, one for grant of permit on the Nagda Indore route and the other for a permit on the Indore Nagda route.
One Smt.
The appellant submitted an application for grant of permit on the Nagda lndore route on 11 11 1959 and M s. Jawahar Yatayat Cooperative Society submitted its application of 20 11 1959 for Indore Nagda route.
85 of 1968.
M N. Phadke, Naunit Lal and Lalita Kohli, for the appellant.
But the plea was entertained and companysidered by the Appellate Authority without any objection by the appellant.
Akhtari Begum, numberchallenge was made to the grant of the permit in favour of the appellant for the reason that the application for permit was filed before the society was registered.
Akhtari Begum, number represented by respondent No.
