IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1961 of 2008 (M/S) State Transport Authority …… Petitioner Versus S.K.Srivastava …… Respondent …….. Mr. P.C.Bisht, Advocate for the petitioner. Mr. Gopal Narain, Advocate for the respondent. Hon’ble V.K. GUPTA, C. J. This is a totally frivolous and misconceived petition and apparently has been filed because of total non-understanding of the import as well as effect and operation of the direction contained in the impugned order. The State Transport Appellate Tribunal, which unfortunately has not been made a party respondent in this petition filed under Article 226 of the Constitution of India, vide the impugned order dated 08.04.2008 merely issued direction upon the petitioner to consider the case of the respondent after affording him an opportunity of hearing and if found that the respondent fulfils all statutory requirements, to process his case for consideration with respect to grant of permit. Inherent and implicit in the said direction was a clear stipulation that the permit was to be granted subject to the satisfaction of the petitioner, subject to the respondent fulfilling all statutory requirements and also on the condition that the petitioner found the respondent eligible to be issued the permit. This direction could not at all be faulted with. Despite the State Transport Appellate Tribunal leaving all the options with the petitioner, the petitioner has unnecessarily rushed to this Court by this frivolous and misconceived petition, apparently based on its non-understanding of the import of the impugned order. 2 The petition is dismissed with costs assessed at Rs. 5000/-(Rupees Five Thousand) to be paid by the petitioner to the respondent within two weeks from today. (V. K. Gupta, C. J.) 05.11.2008 A