MOHAMMAD IBRAHIM Vs. STATE TRANSPORT APPELLATE

JUDGEMENT

(1.) These appeals by certificate turn primarily on the interpretation of Section 47(3) of the Motor Vehicles Act 1939 (hereinafter called the Act) and raise two questions. First, whether the Regional Transport Authority in limiting the number of which stage carriage permits may be granted in the region or in any specified area or on any specified route in the region is required to hear persons or the said Authority can limit the number of stage carriages for which permits may be granted by an administrative order under Section 47 (3) of the Act. The second questions is whether in the facts and circumstances of these appeals there was in each case a valid order under Section 47 (3) of the Act limiting the number of stage carriages for which permits might be granted.

(2.) Chapter IV of the Act deals with control of transport vehicles. Chapter IV consists of Sections 42 to 68: Section 42 speaks of permits for use of transport vehicles. Section 44 contemplates the Transport Authorities which are the State Transport Authorities or the Regional Transport Authorities. A State Transport Authority co-ordinates and regulates the activities and policies of the Regional Transport Authorities of the State and performs the duties of a Regional Transport Authority where there is no such Authority and settles all disputes and decides all matters on which difference of opinion arises between the Regional Transport Authorities. Section 45 of the Act mentions the Authority to whom application for permit shall be made. Section 46 of the Act gives the particulars which an application for stage carriage permit shall contain. Section 47 of the Act deals with procedure of a Regional Transport Authority in considering applications for stage carriage permits. Section 48 confers power on the Regional Transport Authority to grant stage carriage permits. Section 57 relates to the procedure in applying for and granting permits. Section 63 deals with validation of permits for use outside the region in which it is granted. We have referred mainly to the sections which are important for purposes of determination of the questions involved in these appeals.

(3.) We shall first deal with the question as to whether a Regional Transport Authority in limiting the number of stage carriages for which permits may be granted as contemplated in Section 47(3) of the Act is required to hear persons or it can determine the limit by an administrative order without hearing persons. In considering the question whether the Regional Transport Authority in limiting the number of stage carriage permits for which permits may be granted acts in a quasi-judicial or in an administrative manner, a distinction must be noticed between the jurisdiction and functions of a Regional Transport Authority in relation to grant of stage carriage permits on the one hand and limiting the number of stage carriage permits on the other. Regional Transport Authority while acting under Section 47 (3) of the Act exercises authority and jurisdiction which is entirely different from the jurisdiction and authority of a Regional Transport Authority while considering applications for granting stage carriage permits. It has been decided by this Court in Abdul Mateen v. Ram Kailash Pandey, (1963) 3 SCR 523 = (AIR 1963 SC 64) and the later decisions in M/s. Jaya Ram Motor Service v. S. Rajarathinam, Civil Appeal No. 95 of 1965, D/- 27-10-1967 (SC); Baluram v. State Transport Appellate Authority, Madhya Pradesh, Civil Appeal No. 727 of 1965, D/- 22-3-1968 (SC) and R. Obliswami Naidu v. Addl. State Transport Appellate Tribunal, Madras, (1969) 1 SCR 730 = (AIR 1969 SC 1130) that the Regional Transport Authority has to fix the limit of number of stage carriage permits under Section 47 (3) of the Act prior to the grant of stage carriage permits.