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Issues Involved:
1. Jurisdiction of High Court in issuing a writ of certiorari. 2. Consideration of material evidence by the Appellate Tribunal. 3. The impact of procedural errors on the grant of permits under the Motor Vehicles Act, 1939. 4. The role of public interest in the grant of permits. Detailed Analysis: 1. Jurisdiction of High Court in Issuing a Writ of Certiorari: The primary issue in this appeal was the extent of the High Court's jurisdiction under Article 226 of the Constitution in issuing a writ of certiorari. The Supreme Court reiterated that a writ of certiorari can correct errors of jurisdiction committed by inferior courts or tribunals. These include cases where orders are passed without jurisdiction, in excess of jurisdiction, or due to a failure to exercise jurisdiction. Additionally, a writ can be issued when the tribunal acts illegally or improperly, such as deciding a question without giving the affected party an opportunity to be heard or adopting a procedure opposed to natural justice principles. However, the Court emphasized that certiorari jurisdiction is supervisory, not appellate, meaning findings of fact by inferior courts or tribunals cannot be reopened or questioned in writ proceedings. Errors of law apparent on the face of the record can be corrected, but not errors of fact, regardless of their gravity. 2. Consideration of Material Evidence by the Appellate Tribunal: The Appellate Tribunal had granted the second permit to the appellant, rejecting respondent No. 1's claim. Respondent No. 1 challenged this decision, arguing that the Tribunal overlooked material evidence regarding his workshop at Chidambaram. The High Court issued a writ of certiorari on this basis. However, the Supreme Court found that the Tribunal had considered the evidence and that the High Court exceeded its jurisdiction by interfering with the Tribunal's factual findings. The Tribunal's decision was based on conflicting evidence, including reports from Transport Officers and claims by other applicants. The Supreme Court held that the High Court should not have re-evaluated these factual disputes. 3. Procedural Errors in Grant of Permits: The High Court had quashed the Appellate Tribunal's order, finding that the Tribunal had overlooked relevant considerations and allowed irrelevant ones to vitiate its decision. The Division Bench upheld this decision but on different grounds, agreeing that the Tribunal had overlooked material considerations in favor of respondent No. 1. The Supreme Court, however, disagreed, stating that the Tribunal's findings were based on evidence, and the High Court's interference was unwarranted. The Supreme Court emphasized that procedural errors, such as failing to give reasons for rejecting evidence, do not justify issuing a writ of certiorari unless they result in a jurisdictional error. 4. Public Interest in Grant of Permits: The respondent No. 1 argued that the Appellate Tribunal's decision contravened Section 47 of the Motor Vehicles Act, which mandates considering public interest in granting permits. The Supreme Court found this argument far-fetched, noting that public interest considerations arise only after establishing the factual basis of the claims. Since the Tribunal found that respondent No. 1 did not have a workshop at Chidambaram, public interest considerations did not come into play. The Supreme Court clarified that the High Court's role is not to re-evaluate factual findings but to ensure that the Tribunal's decision is legally sound and within jurisdiction. Separate Judgments: While the majority opinion allowed the appeal and set aside the High Court's order, dismissing respondent No. 1's writ petition, a dissenting opinion by another judge upheld the High Court's decision. The dissent argued that the High Court rightly quashed the Tribunal's order for ignoring a material circumstance, namely, respondent No. 1's claim of having a workshop at Chidambaram. The dissent emphasized that the High Court did not interfere with the Tribunal's factual findings but corrected a procedural oversight that affected the decision's fairness. Conclusion: The Supreme Court allowed the appeal, set aside the High Court's order, and dismissed the writ petition filed by respondent No. 1. The Court held that the High Court exceeded its jurisdiction under Article 226 by interfering with the Appellate Tribunal's factual findings, which were based on conflicting evidence. The decision underscores the limited scope of certiorari jurisdiction, emphasizing that it cannot be used to re-evaluate factual disputes but only to correct jurisdictional errors or legal errors apparent on the face of the record.
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