1975 (7) TMI 163 - SC - Indian Laws

Summary

Issues:
1. Jurisdiction of High Court under Art. 226 in permit dispute
2. Evaluation of merits by Single Judge and Division Bench
3. Appellate review vs. supervisory power of High Court
4. Relevance of factors considered by STAT in permit grant
5. Non-performance of service post-permit grant
6. Judicial review restrictions in writ appeals
7. Public interest in permit grant under Motor Vehicles Act

Analysis:

The judgment revolves around a dispute over a bus permit between the appellant and the first respondent for the Madurai-Paramakkudi route. The Regional Transport Authority (RTA) initially granted the permit to the appellant, but the State Transport Appellate Tribunal (STAT) favored the respondent. The High Court, through a Single Judge, overturned the STAT's decision, but a Division Bench set aside this order, leading to a remand of the case to the STAT for a fresh evaluation. The Supreme Court emphasized the boundaries of the High Court's jurisdiction under Art. 226, highlighting the need to avoid appellate review and focus on supervisory functions.

The Single Judge's evaluation of merits and inclusion of extraneous factors in the judgment were criticized by the Supreme Court. The Court noted that the Single Judge had overstepped jurisdiction by delving into the merits of the case and making a final decision instead of remitting the case back to the STAT for reconsideration. The Division Bench's brief disposal of the case without providing valid reasons for reversal was also deemed insufficient, emphasizing the need for a more detailed and reasoned approach in such matters.

The issue of non-performance of service post-permit grant was raised, with the Court pointing out that such considerations should not impact the permit decision. The relevance of factors considered by the STAT, including the respondent's history sheet and operational inefficiencies, was also scrutinized. The Court stressed the importance of considering public interest, as highlighted in the Motor Vehicles Act, in permit grant decisions, urging a fresh hearing by the STAT to ensure a fair and lawful resolution.

Ultimately, the Supreme Court directed the maintenance of the status quo, allowing the respondent to continue operating the bus on the route until the appeal is resolved by the STAT. Both parties were instructed to bear their costs, and the case was remanded for a fresh evaluation by the STAT, emphasizing the need for a lawful and unbiased decision guided by legal precedents and public interest considerations.