A.P.S.R.T.C versus REG. TRANSPORT AUTHORITY, ANANTHAPUR & ANR.

The judgment of the Division Bench of the High Court is set aside, and the order of the Single Judge remanding the matter to State Transport Appellate Tribunal for fresh consideration is restored and affirmed.

Parties: Appellant: A.P.S.R.T.C.; Respondent: Regional Transport Authority, Ananthapur; Respondent: Respondent No.2
Jurisdiction: India
Judgment Date: 09 February 2009
Procedural Posture: Civil Appeal / Appeal From Division Bench Decision of High Court
Outcome: Appeals allowed; Division Bench judgment set aside; Single Judge's remand affirmed.
Legal Topics: Stage Carriage Permit, Motor Vehicles, Permit Grant, Route Classification

Transport Law Administrative Law Stage Carriage Permit Motor Vehicles Permit Grant Route Classification

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2

Parties

A.P.S.R.T.C.

Appellant

Regional Transport Authority, Ananthapur

Respondent

Respondent No.2

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Decision of High Court

Legal Issues

1 Whether the proposed town service route is a new route or an existing one for the purpose of grant of stage carriage permit
2 Applicability of Rule 258(2)(ii) of Andhra Pradesh Motor Vehicles Rules, 1989 and Section 68(3)(ca) of Motor Vehicles Act, 1988

Ratio Decidendi

Court Disposition

Appeals allowed; Division Bench judgment set aside; Single Judge's remand affirmed.

Orders

Impugned judgment of the Division Bench of the High Court is set aside.
Order of learned Single Judge remanding the matter to STAT is restored and affirmed.