In an appeal to the State Transport Appellate Tribunal held that numberappeal against renewal was maintainable against which the respondent filed writ petition which was allowed and it was held that right to seek renewal of permit under a Motor Vehicle Act was number a vested right.
The application of re spondent was rejected as that companyld be companysidered only if the appellants existing permit was cancelled, but since the appellant was operating on the route regularly and paying taxes etc.
there was numberreason to refuse renewal.
It was merely an incohate right with ripens into a right only on being granted.
From the Judgment and Order dated 10.5.1991 of the Madhya Pradesh High Court in M.P. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant, holder of a permit, for operating stage carrier on route Eklera Narsinghgarh in District Rajgarh, applied for its renewal, as required, on 18th October, 1988, 120 days before the date of its expiry on 18th February 1989 under Section 58 2 of the 1939 Act.
The respondent who, too, had applied on 30th December 1988 for a fresh permit on the same route and on the same time schedule, withdrew his application and filed a fresh application on 18th May, 1990.
2568 of 1991.
K. Mehta, R.D. Sharma, Dhruv Mehta, Arvind Verma and Aman Vachher for the Appellants.
in eye of law, after companying into force of Motor Vehicles Act, 1988 or it being a right within meaning of clause c of Section 6 of General Clauses Act survived and companytinued despite repeal of 1939 Act.
Rameshwar Nath and Ravinder Nath for Rajinder Narain Co. for the Respondents.
The Judgment of the Court was delivered by M. SAHAI, J. The only legal question that arises for companysideration, in this appeal directed against judgment of the Madhya Pradesh High Court is, if an application filed by an operator for renewal of his permit under Section 58 of Motor Vehicles Act, 1939, became extinct and was rendered number existent.
2727 of 1990.
But before renewal companyld be granted 1988 Act came into force on 1st July 1989.
The Regional Transport Authority after companysidering both the applications, allowed renewal of the appellants permit from 18th Febru ary, 1989 to 18th February, 1994.
