Civil Appeal No 481 of 1973
From the Judgment and order dated the 9th February 1973 of the Mysore High Court at Bangalore in WP No 1922 of 1970
H B Datar and K N Bhat for the appellant
section section Javali and B P Singh for the respondents Nos 1 3 13 The Judgment of the Court was delivered by GOSWAMI J
This appeal by special leave is directed against the judgment of the Mysore High Court now High Court of Karnataka of February 9 1973 rejecting the appellant s writ petition under article 226 of the Constitution by which the orders of the State Transport Appellate Tribunal and the Mysore Revenue Appellate Tribunal had been challenged
189 Briefly the facts are as follows  The appellant was granted a stage carriage permit under section 48 of the briefly the Act for the route Devenagere to Shimoga via Honnali by the Regional Transport Authority Shimoga by its order dated May 34 1963
Some of the respondents preferred appeals against the said order to the State Transport Appellate Tribunal and obtained stay of the order The appeals were however dismissed on September 27 1963
Again some of the respondents preferred further appeals to the Mysore Revenue Appellate Tribunal against the order of the State Transport Appellate Tribunal
This time also the appeals met with the same fate and were dismissed on February 27 1967
It appears however that c no order of stay was granted by the Mysore Revenue Appellate Tribunal
On April 25 1967 the Secretary to the Regional Transport Authority Shimoga called upon the appellant to produce the relevant documents and the certificate of registration for making necessary entry in the permit
The appellant produced the same on April 26 1967 and the permit was issued on the same day
Against the order of the issue of the permit respondents 4 to 13 preferred appeals to the State Transport Appellate Tribunal on the ground that the Secretary to the Regional Transport Authority Shimoga had no jurisdiction to issue a permit under rule 119 of the Mysore Motor Vehicles Rules 1963 briefly the Rules after a lapse of such a long time from the date of the grant of the permit
It was contended that the issue of the permit was made beyond the prescribed period of limitation under rule 119
It may be mentioned that at the time of the grant of the permit the Mysore Motor Vehicles Rules 1945 old Rules were in force and rule 151 of the old Rules was replaced by rule 119 with effect from July 1 1963
It was contended by the appellant before the appellate authorities that there was no period of limitation under rule 151 of the old Rules which was applicable to his case for the issue of a permit
The appeals of the respondents were allowed by the State Transport Appellate Tribunal by majority on January 29 1969
The District Judge Member however dissented
An appeal filed by the appellant to the Revenue Appellate Tribunal against the order of the State Transport Appellate Tribunal was dismissed which led to the unsuccessful writ application in the High Court and hence this appeal
The point that arises for consideration is whether any appeal lay under section 64 of the Act to the State Transport Appellate Tribunal against the issue of a permit in pursuance of an earlier resolution of the Regional Transport Authority granting the permit
It is only necessary to read section 641 a which is material for the purpose of this appeal 6411 a Any person aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit or by any condition attached to a permit granted to him may within the prescribed time and in the prescribed man 190 ner appeal to the State Transport Appellate Tribunal constituted under sub section 2 who shall after giving such person and the original authority an opportunity of being heard give a decision thereon which shall be final
We are not required to consider the other clauses of section 641 which are admittedly not relevant
Section 64 has to be read with rule 178 of the Rules which prescribes the procedure for appeal to the various authorities Appeal is a creature of the statute
There is no dispute that section 64 of the Act is the only section creating rights of appeal against the grant of permit and other matters with which we are not concerned here
There is no appeal provided for under section 64 against an order issuing a permit in pursuance of the order granting the permit
Issuance of the permit is only a ministerial act necessarily following the grant of the permit
The appeals before the State Transport Appellate Tribunal and the further appeal to the Mysore Revenue Appellate Tribunal are therefore not competent under section 64 of the Act and both the Tribunals had no jurisdiction to entertain the appeals and to interfere with the order of the Regional Transport Authority granting the permit which had already been affirmed in appeal by the State Transport Appellate Tribunal and further in second appeal by the Mysore Revenue Appellate Tribunal
There was therefore a clear error of jurisdiction on the part of both the Tribunals in interfering with the grant of the permit to the appellant
The High Court was therefore not right in dismissing the writ application of the appellant which ought to have been allowed
Although arguments were addressed by counsel with regard to old rule 151 and rule 119 of the Mysore Motor Vehicles Rules 1963 we do not feel called upon to pronounce upon the legal effect of these rules in this appeal
In the result the appeal is allowed
The order of the High Court is set aside and necessarily the order of the State Transport Appellate
Tribunal of January 29 1969 and the order of the Mysore Revenue Appellate Tribunal of May 8 1970 also fall
The order granting the permit to the appellant stands restored There will be no order as to costs 
VPS Appeal allowed


Summary:
The appellant was granted a stage carriage permit by the Regional Transport Authority in May 1963
Appeals against the grant to the State Transport Appellate Tribunal and further appeals to the Mysore Revenue Appellate Tribunal were dismissed
Thereafter in April 1967 the Secretary of the Regional Transport Authority after calling upon the appellant to produce the relevant documents issued the permit
Appeals by the respondents of the State Transport Appellate Tribunal against the issue of the permit to the appellant were allowed on the ground of limitation
The appeal of the appellant to the Revenue Appellate Tribunal was dismissed
The appellant s writ petition to the High Court was also dismissed
Allowing the appeal to this Court  HELD There was a clear error of jurisdiction on the part of the State Transport Appellate Tribunal and the Revenue Appellate Tribunal in interfering with the issue of permit to the appellant
The High Court was therefore not right in dismissing the writ application
190D E Appeal is a creature of the statute
Section 64 of the  is the only section creating rights of appeal against the grant of permit and other matters
But there is no appeal provided against an order issuing a permit in pursuance of an order granting the permit
Issuance of the permit is only a ministerial act necessarily following the grant of the permit
Hence the appeal to the State Transport Appellate Tribunal and the further appeal are not competent under the section
190B D