The Janta Transport Co operative Society also made an application for the renew al of the permit in its favour.
That petition was taken up for hear ing on 4.10.1985 by the High Court.
2945 of 1985 on the file of the High Court of Madhya Pradesh at Jabalpur under Articles 226/227 of the Constitution of India.
3 as he has been found superior to the petition er.
the petitioner and others, the Regional Transport Authority granted the permit in favour of the petitioner.
On a companysideration of the rela tive merits of the other applicants, namely.
188 of 1986.
The earlier petition was number withdrawn with permission to file a fresh petition.
That petition came up for hearing on 17.1.1986.
5665 of 1986 From the Judgment and Order dated 17.1.1986 of the Madhya Pradesh High Court in Misc.
He is permitted to do so.
to the respondent No.
In this case we are called upon to companysider the effect of the withdrawal of the writ petition filed under Articles 226/227 of the Constitution of India without the permission of the High Court to file a fresh petition.
Jhahid Khan, the proprietor of the petitioner companycern was a prac tising advocate and that he had ceased to carry on the transport business in his individual capacity and granted the permit in favour of M s. Ali Ahmed Sons.
The other unsuccessful applicants also filed separate appeals questioning the grant in favour of the petitioner.
3, which was also an applicant for the said permit before the State Transport Appellate Tribunal.
Later on the petitioner again filed another writ peti tion before the High Court in M.P. No.
The petitioner earlier filed writ petition No.
Similar petition of other operators has al ready been dismissed by this Court.
Aggrieved by the order of the Tribunal the petitioner filed a writ peti tion in M.P. No.
At the companyclusion of the hearing the High Court passed the following order Shri P.R. Bhave for the petitioner heard on admission.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.
The Tribunal by its order dated 19.9.1985 set aside the order granting the permit in favour of the petitioner on two grounds, namely, that Mohd.
the petitioner and some others filed applications for the grant of the said permit before the Regional Transport Authority, Bilaspur.
No second writ petition lies against the same order.
The said order was challenged in appeal by M s. Ali Ahmed Sons respondent No.
The application for renewal filed by the Janta Transport Co operative Society was re jected by the Regional Transport Authority on the ground that it was barred by time.
Petition No.
This writ petition is directed against the order of the State Transport Appellate Tribu nal setting aside the grant in favour of the petitioner, and instead giving the permit.
188 of 1986.
2945/85 against the impugned order which was withdrawn on 4.10.1985.
Accordingly, the petition is dismissed sum marily.
The Order of the Court was delivered by VENKATARAMIAH, J. On the expiry of the period of a permit to run a stage carriage on the route Jashpurnagar Ambikapur issued under the Motor Vehicles Act, 1939 hereinafter referred to as the Act in favour of the Janta Transport Co operative Society.
Aggrieved by the above order rejecting the writ petition at the stage of admission, the petitioner has filed the above special leave petition requesting the Court to grant the special leave to prefer an appeal against the order of the High Court.
P. Singh and Ranjit Kumar for the Petitioner.
Besides, he being a practising lawyer companyld number be doing the transport business.
The State Transport Appellate Tribunal heard all the appeals together.
M.P. No.
The petition is dismissed as withdrawn.
The Appellate Tribunal has granted the permit to the respondent No.
On that day the High Court passed the following order Shri Y.S. Dharmadhikari, learned companynsel for the petitioner seeks permission to withdraw the petition.
