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PETITIONER: PRAKASH CHANDRA SAHU

       Vs.

RESPONDENT: STATE TRANSPORT AUTHORITY & ORS.

DATE OF JUDGMENT:       03/03/1997

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      This appeal  by special  leave arises  from  the  order dated August  9,1996, made  by the  Division  Bench  of  the Orissa High Court in OJC No. 3073/95.      The admitted  position is that at one point of time the appellant had a permanent stage carriage permit operating on the inter-State route, viz., Peralakhemundi to Berhampur via chatrapur and Garabandha. After the Motor Vehicles Act, 1988 came into  force, the  appellant filed  an  application  for renewal of  the permit  and the  dispute arose whether he is entitled to  renewal of  the permit.  Since, admittedly, the permit granted  under Act  4 of  1939 expired after the 1988 Act came  into force,  he was to apply afresh under the 1988 Act .  Earlier when  he had  filed a  Writ Petition, OJC No. 3421/93, the  High Court had directed reconsideration of the application for respondents, after decision was taken on the application of the petitioner therein. Admittedly, the State Transport Authority  had considered  their applications  and rejected the  application for respondent. On a clarification sought by  the contesting  respondent, the  High  Court  had pointed out  that the  judgment was not intended to have the permit  granted  to  the  contesting  respondent  cancelled; nonetheless  the  application  of  the  appellant  would  be considered as and when need arose.      Shri A.K.  Panda, learned  counsel  for  the  appellant contends that  in view  of the  decision of  this  Court  in Gajraj Singh  & Ors.  v. State  Transport Appellate Tribunal [(1997)  1   SCC  650],  in  particular  paragraph  62,  the appellant is  entitled to  apply afresh and to be considered by the  authorities in  accordance with  law. He  has stated that he  had filed  an application  for renewal on 4.11.1996 for grant  of  permanent  licence.  In  view  of  the  above decision of  this Court, if any permit was renewed under the provisions to be a temporary permit under Section 87 of that Act and that before expiry thereof, parties were directed to make an  application afresh  under the  1988  Act  and  seek permit thereunder  in accordance  with  law.  The  direction issued by  the High Court is not inconsistent with the above judgment of  this Court.  Under those  circumstances, if the

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appellant has any right for grant of permit, the same has to be in accordance with law. Necessary application which comes to be  made in  accordance with law should be disposed of by the S.T.A. as per the provisions of the 1988 Act.      The appeal  is accordingly  dismissed  with  the  above observations. No costs.