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TMI Blog1965 (12) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... stions and will be dealt with together. We shall set out the facts in C.A. 363 to understand the questions raised in these appeals. The Regional Transport Authority South Arcot granted a stage carriage permit on the route Kumbakonam to Neiveli to the first respondent out of a large number of applicants. This Led to seven appeals against the grant of the permit before the State Transport Appellate Tribunal. Those seven appeals were heard together by the Appellate Tribunal and it set aside the order of the Transport Authority granting the permit to the first respondent and instead granted the permit to the appellant. This was on August 7, 1962. Thereupon the first respondent filed a writ petition in the high court at madras challenging the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 's case ([1964] 7 S.C.R. 1), but only those orders should be quashed which had proceeded on the basis of the Government Order referred to above. It was further contended that the present order of the Appellate Tribunal had not proceeded on the basis of the Government Order referred to above and therefore need not be quashed. The Appeal Court did not accept the contention that the order of the Appellate Tribunal in the present case was not vitiated by being based on the Government Order in question. It consequently dismissed the appeal. It then considered the question as to what order should be passed in the circumstances, and whether the matter should be remanded to the Transport Authority or to the Appellate Tribunal for disposal. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the High Court by way of writ proceedings. The Appeal Court having refused to grant leave, the appellant got special leave from this Court; and that is how the matter has come up before us. Three points have been urged before us on behalf of the appellant, namely- (i) The Appeal Court was not right in coming to the conclusion that the order of the Appellate Tribunal had been influenced by the Government Order in question; (ii) The respondent could not be heard to say that the Government Order in question was bad as it had relied on the said Government Order before the Transport Authority; and (iii) The Appeal Court was not right in holding that all the appeals which had been disposed of by one order by the Appellate Tribunal s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was barred raising the question that the Government Order was bad after the decision of this Court. This brings us to the last question, namely, whether the Appeal Court was right in remitting the matter to the Appellate Tribunal and in ordering that all the appeals before it should be re-heard. It is true that in Rajagopala Naidu's case ([1964] 7 S.C.R. 1), this Court had ordered that the matter be remanded to the Transport Authority and not to the Appellate Tribunal. That however does not mean that in every case where there has to be a remand it must be to the original authority which has the power to grant the permit. As the Appeal Court has pointed out there may be serious public inconvenience specially in the matter of new rout ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as many orders as there are appeals disposed of thereby. In this very case there were seven appeals before the Appellate Tribunal and the order says that the appeal of the appellant alone was allowed while the other appeals were dismissed. Now if none of the parties concerned in the seven appeals had come to the High Court in writ proceedings within a reasonable time, the order of the Appellate Tribunal would have become final, even though it might have been influenced by the Government Order in question. Therefore there seems to be no reason why when only one party brought the matter before the High Court by way of writ proceedings against another party, and the appellants in the other six appeals were content with the order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was set aside and the permit was granted to the appellant instead. The respondent filed a writ petition before the High Court against the order of the Appellate Tribunal. The learned Single Judge quashed the order of the Appellate Tribunal and remanded the matter for disposal of the appeal in question afresh. This order of the learned Single Judge was taken in appeal by the present appellant and the appeal was heard by a Full Bench. It appears that a new ground was urged before the Appellate Tribunal with respect to the respondent being a benamidar of Aruppukottai Sri Jaya Vilas (P) Limited, and that was taken into consideration by the Appellate Tribunal. The Appeal Court set aside the view of the learned Single Judge with respect to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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