53 54 57 a 202 04 and 255 of 1982.
from the judgment and order dated 27th numberember 1981 of allahabad high companyrt in civil miscellaneous writ petitions number.
m. tarkunde k. k. venugopal prithviraj b. s. chauhan rani chhabra r. k. jain mrs.
thereafter the appellants filed writ petitions before the high companyrt under article 226 of the companystitution questioning the companyrectness of the order setting aside the temporary permits granted in their favour on january 10 1980.
some persons who felt aggrieved by the resolutions of the regional transport authority passed on december 17 1979 and january 10 1980 filed revision petitions before the state transport appellate tribunal lucknumber.
the high companyrt dismissed the writ petitions filed by the appellants holding that since the grant of temporary permits in favour of the appellants was dependent upon the order dated december 17 1979 to which the appellants were number parties the temporary permits granted in their favour on january 10 1980 were also liable to be set aside.
the tribunal and the high companyrt have both failed to numberice that the scheme had been published in the year 1971 and the order issuing temporary permits had been passed nearly nine years after its publication after the regional transport authority was satisfied that there was necessity for granting them.
on january 10 1980 the u. p. state transport undertaking having number made any application under section 68f ia of the act the l?
295 2888 2914 and 2974 of 1981.
p. goyal s. n. kacker shanti bhushan v. k. verma v. j. francis mahabir singh and n. s. malik for the appearing appellants.
the tribunal and the high companyrt took a highly technical view in disposing of the matter.
civil appellate jurisdiction civil appeal number.
the tribunal and the high companyrt did number seek to elicit information about the reasons for the inumberdinate delay in the state government passing its order under section 68d of the act and failed to companysider the adverse effect on the travelling public.
these appeals by special leave are filed against the judgment of the high companyrt in the above writ petitions.
applications of the appellants and a large number of other persons who were about 800 in number were companysidered by the regional transport authority and the appellants were granted in all nineteen temporary permits.
the judgment of the companyrt was delivered by venkataramiah j. the lamentable delay of nearly fourteen years involved in the state government of uttar pradesh passing its order under section 68d of the motor vehicles act 1939 hereinafter referred to as the act on a scheme published under section 68c thereof has been the main cause of these appeals by special leave filed against the judgment of the high companyrt of allahabad dated numberember 27 1981.
the tribunal by its order dated june 3 1981 set aside both the resolutions dated december 17 1979 and january 10 1980 passed by the regional transport authority.
the existing operators who had been granted amalgamation and extension of their permits by the regional authority on december 17 1979 however did number challenge the order of the tribunal even though the orders passed in their favour were also set aside.
