2013 (12) TMI 1180

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....his clients have prima facie case on the strength of certain stay orders passed by this bench vide No.1361-1384/2012 dated 9.8.2012, Nos.1549 & 1550/2012 dated 11.9.2012 and Nos.1883 - 1889/2012 dated 26.12.2012. Copy of stay order Nos.1361-1384/2012 ibid is available in one of the folders and we have perused the same. The facts of the present cases are similar to those of the cases covered by the cited stay order inasmuch as, in the present cases also, the buses owned by the appellants were allowed to be used by APSTRC as stage carriages and, on the terms and conditions of the relevant agreements, these appellants cannot be said to have rendered 'rent-a-cab service' to APSRTC. There appears to be no dispute regarding the similarity of the ....

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....i. In the said judgment, it was also observed that those who allowed their buses to be run as stage carriages by UPSRTC fell within the category of rent-a-cab operator. The learned Additional Commissioner (AR) has chosen to claim support from this obiter dictum contained in the Hon'ble High Court's judgment. Obviously, an obiter contained in the judgment passed by High Court under Article 226 of Constitution of India dismissing a writ petition holding that the writ petitioner was not the aggrieved party cannot have any persuasive effect. 4. The two categories of cases (13 + 9) are listed below: Category - 1: Sl. No.   Appeal No.   Stay Application No. Appellant   Respondent   1. ST/....