RAM AUTAR LAL JAIN Vs. MAYA KAUR

JUDGEMENT

(1.) This appeal by certificate is from the judgment dated 24 March, 1967 of the High Court of Patna.

(2.) Ram Autar Lal Jain filed an application under Section 46 of the Motor Vehicles Act, 1939 hereinafter called the Act for grant of the stage carriage permit on the route Daltonganj to Mahuatanr in Bihar. Before the application could be disposed of by the Regional Transport Authority Ram Autar Lal Jain died on 1 June, 1964. Thereafter, Kamal Kumar Jain, the son of Ram Autar Lal Jain made an application to Regional Transport Authority stating that the application filed by his deceased father might be treated to be one on behalf of himself and on behalf of his two minor brothers. It was also stated in the application that Ram Autar Lal Jain had died leaving his sons as heirs. On 4 August, 1964 another application was filed by Kamal Kumar Jain praying that the application filed by the deceased father might be treated as the application of a firm called M/s. Ram Autar Lal Jain the appellant herein. It was stated there that the three sons and the widow of Ram Aitar Lal Jain carried on business in partnership under the name and style of M/s. Ram Autar Lal Jain. The minors were said to be admitted to the benefit of the partnership. On receipt of the application the matter was notified in the Bihar Gazette on 9 September, 1964 for the purpose of inviting objections, if any. No Objections were filed. On 24 July, 1965 the Transport, Authority passed an order granting a permit in favour of M/s. Ram Autar Lal Jain for the route.

(3.) The Appeal Board of the State Transport Authority found that the application for permit had been made by Ram Autar Lal Jain and that Chotanagpur Regional Transport Authority had no jurisdiction to grant permit in favour of the appellant. The appellant preferred an appeal to the Minister. The Minister upheld the view of the Appeal Board and dismissed the appeal.