IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Review Application No. 629 of 2008 IN Writ Petition No. 401 of 2007 (M/S) Kishan Lal S/O Sri Hardayal, R/O Katoratal, P.O. Kashipur, District U.S.Nagar. …… Petitioner. Versus The State Transport Appellate Tribunal, Uttarakhand, Dehradun through its Chairman and six others. … Respondents. Kishan Lal S/O Sri Hardayal, R/O Katora Tal, P.O. Kashipur, Distt. Udham Singh Nagar. … Applicant Sri D.K.Agrawal, , learned counsel for the applicant-petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the O.P.-State. Sri Bharat Tewari, learned counsel for the O.P.-respondent nos. 3 to 7. Date July 01, 2008. Hon’ble B.S.Verma, J. Heard Sri D.K.Agrawal, learned counsel for the applicant-petitioner, Sri K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-Opposite Parties and Sri Bharat Tewari, learned counsel for the O.P.-respondent nos. 3 to 3 on the review application. This review application has been moved with a prayer to review the order dated 16-5-2008 passed by this Court on the ground that the application was moved by the applicant before the Regional Transport Authority prior to the death of the permit holder under Section 82(1) of the Motor Vehicles Act 1988 (for short the Act) and application was maintainable only under sub-section (1) of Section 82 of the Act. Learned counsel for the applicant has contended that the provisions of sub-section (2) and (3) of Section 82 of the Act are not applicable to the facts and circumstances of the case 2 because the petitioner did not succeed to the possession of the vehicle after the death of the permit holder. According to the applicant-petitioner, the vehicle was already in possession of the petitioner during the lifetime of the permit holder, for which application had been made before the authority concerned for transfer of permit. Learned State Transport Appellate Tribunal, after hearing the petitioner, partly allowed the appeal and directed the Regional Transport Authority to decide the application of the petitioner as per provision of Section 82(2) of the Act on merits, while in the Writ Petition this Court, after hearing the petitioner as well as the respondents, came to the conclusion that the provisions of Section 82(2) are applicable only when the legal heirs succeed to the possession of the vehicle and retain possession thereof. It was provided by this Court that procedure of sub-section (3) of Section 82 of the Act would apply in the case of the petitioner since the petitioner is not a legal heir and he succeeded to the possession of the vehicle prior to the death of the permit holder. The argument of the learned counsel for the review applicant cannot be accepted for the reason that provision of sub- section (1) of Section 82 of the Act is applicable only in the case when the permit holder was alive. The provision of Section 82(1) of the Act as on today cannot be said to be applicable after the death of the permit holder, which had taken place in the year 2003. Learned counsel for the review applicant lastly contended that since the application for transfer of permit was made by the petitioner during the life time of the permit holder of the vehicle and now the application has to be made to the R.T.A. under the provision of sub-section (3) of Section 82 of the Act in accordance with the observation of this Court made in the order dated 16-5-2008, therefore, limitation should not come in the way. This submission of the learned counsel for the applicant has some 3 force. The review application deserves to be partly allowed. The order dated 16-5-2008 is liable to be modified to that extent. The review application is partly allowed. The order dated 16-5-2008 is modified only to the extent that if the application is made under Section 82(3) of the Act within a period of four weeks from today, the application shall be treated within limitation and shall be decided on merits after hearing the parties, expeditiously preferably within a period of eight weeks thereafter. This order shall form part of earlier order dated 16-5- 2008. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 4 5