SHARIF AHMED & ORS. versus REGIONAL TRANSPORT AUTHORITY, MEERUT & ORS.

SHARIF AHMED & ORS. versus REGIONAL TRANSPORT AUTHORITY, MEERUT & ORS.

Applications for stage-carriage permits finally disposed of by the Appellate Tribunal and granted to applicants create a vested right, and the act of issuing permits is a ministerial function; a retrospective change in law absent review or specific direction does not nullify such orders; the Regional Transport Authority is bound to implement the Tribunal's order if applicants have fulfilled imposed conditions within the time stipulated.

Parties
Appellants: Sharif Ahmed & Ors.; Respondents: Regional Transport Authority, Meerut & Ors.
Jurisdiction
India
Judgment Date
31 October 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgments/orders
Outcome
Appeals allowed
Legal Topics
Grant of Stage Carriage Permits, Retrospective Application of Law, Judicial Review, Ministerial V. Discretionary Acts
Administrative Law Transport Law Motor Vehicles Law Grant of Stage Carriage Permits Retrospective Application of Law Judicial Review Ministerial V. Discretionary Acts

Case Brief

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Parties

Sharif Ahmed & Ors.

Appellants

Regional Transport Authority, Meerut & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgments/orders

Legal Issues

  1. 1 Whether a retrospective change in law nullifies permits granted but not yet issued by the Appellate Tribunal
  2. 2 Whether the act of issuing a permit is a ministerial function or involves legal discretion
  3. 3 Whether an appeal lies against the issuance of a permit as opposed to the grant of a permit

Ratio Decidendi

Applications for stage-carriage permits finally disposed of by the Appellate Tribunal and granted to applicants create a vested right, and the act of issuing permits is a ministerial function; a retrospective change in law absent review or specific direction does not nullify such orders; the Regional Transport Authority is bound to implement the Tribunal's order if applicants have fulfilled imposed conditions within the time stipulated.

Court Disposition

Appeals allowed

Orders

  • Regional Transport Authority directed to implement the Appellate Tribunal's order and issue permits to appellants for a period of three years, deducting time already covered by temporary permits.
  • No order as to costs.