NATARAJAN v. NAINA MOHD. & ORS.
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- M. Hidayatullah
- J. M. Shelat
- G. K. Mitter
- A. R. Ray
- I. D. Dua
- Judgment Date
- 1970-02-03
- Court Decision / Holding
- We accordingly dismiss these special leave petitions, reserving to the petitioners the right to raise such questions as may legitimately be raised when they choose to file appeals against the decision of the Letters Patent Bench. Stay granted by this Court is vacated.
- Final Disposition
- Petitions for special leave to appeal dismissed; stay vacated.
Parties to the Case
Appellants / Petitioners
- NATARAJAN
Respondents
- Naina Mohd. and ORS
Legal Representation & Advocates
Counsels for Petitioners
- • K. K. Venugopal
- • R. Gopalakrishnan
- • S. Mohan Kumaramangalam
- • M. K. Ramamurthi
- • G. Rama Swamy
- • Shyamala Pappu
- • Vineet Kumar
- • A. S. Nambiar
- • M. C. Setalvad
- • V. Subramanian
- • K. Jayaram
Counsels for Respondents
- • Madan Mohan
- • K. C. Mathur
- • R. Gopalakrishnan
- • K. Thirumalai
- • A. T. M. Sampath
- • E. C. Agtawala
Case Synopsis & Summary
This is a batch of petitions for special leave to appeal under Article 136 of the Constitution arising out of a dispute over bus-route permits governed by the Regional Transport Authority (RTA) and the State Transport Appellate Tribunal (STAT). The original grantee (described as A) obtained a permit from the RTA on 20 November 1966. On A’s appeal, the STAT cancelled the grant on 18 July 1967 in favour of B. A writ petition by A led to the High Court’s Single Judge quashing the STAT order, and the Letters Patent Bench restricted future permit operation to the RTA grantee, noting that only one operator could be allowed on the route. The petitions before this Court challenged the High Court’s jurisdiction to recognise A, whose permit had been cancelled by the STAT, and sought restoration of the permits to B pending appeal. The Court held that it would not adjudicate this jurisdictional question at this stage since the appeal was already pending in the High Court, and the Letters Patent Bench had merely given effect to the earlier single-judge order. The Court stated it might address the jurisdictional issue in a future proceeding if the matter arises therein and dismissed the special leave petitions while vacating the stay exit. The proceedings illuminate the tensions between preserving permit rights and pending appellate review in a complex transport-licence regime.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants contended that the very question before the Court was one of jurisdiction: whether the High Court could recognise A, the grantee of the RTA, despite cancellation of his permit by the STAT. They argued that, since the appeal itself was pending before the High Court, the Letters Patent Bench did not have jurisdiction to grant or extend a permit to the appellant (B) on the route and that the High Court’s action had effectively extended the temporary operation of the disputed permit without final appellate resolution. They asserted that restoring or recognising the rights of the original grantee was premature and that any reversal should await the outcome of the pending appeal, not present a question to be decided piecemeal. The petitioners urged adherence to the principle that only the legally recognized permit holder could operate until the appeal is decided.
Contentions of Respondents
The respondents argued that the High Court’s order, which followed the Single Judge’s directions, properly reflected the status quo pending disposal of the Letters Patent Appeal, and that restricting operation to the grantee (A) was a valid consequence of the STAT’s cancellation. They contended that the Letters Patent Bench did not lawfully grant a new permit to B until the appeal was resolved and that the High Court’s intervention was justified to avoid multiple operators and to maintain route integrity under Article 136. They asserted a jurisdictional question existed as to whether the High Court could recognise A notwithstanding the STAT’s cancellation, and warned against undermining the appellate process by premature restoration of rights outside the established procedure.
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