PUNJAB AB SIKH REGULAR MOTOR SERVICE MOUDHAPARA RAIPUR Vs. REGIONAL TRANSPORT AUTHORITY RAIPUR ANOTHER

JUDGEMENT

(1.) On August 7, 1963 the Regional Transport Authority, Bilaspur granted to the Punjab Sikh Regular Motor Service, (hereinafter called the appellant), renewal of a stage carriage permit for an inter-regional route-Saraipalli to Sarangarh - in the State of Madhya Pradesh. The permit was valid upto August 5, 1963 and by the order of renewal, dated August 7, 1963 the permit was renewed for a period of three years. On September 13, 1963 the appellant applied to the Regional Transport Authority, Raipur for renewal of the grant of counter-signature on the renewed permit. Respondent No. 2 objected to the renewal of the grant of counter-signature on the ground that the application of the appellant dated September 13, 1963 was barred by time. The Regional Transport Authority, Raipur, held that the application for renewal of the grant of counter-signature was not made within the time prescribed by R. 62 of the Central Provinces and Berar Motor Vehicles Rules but it took the view that the application for renewal had been filed within six weeks of the date of the passing of the order of renewal of the permit by the Regional Transport Authority, Bilaspur and, therefor, the application for the renewal of the grant of counter-signature could not be rejected on the ground that it was time barred. Regional Transport Authority, Raipur accordingly granted the renewal of the counter-signature on the permit by its order, dated February 24, 1964. Respondent No. 2 thereafter applied to the High Court of Madhya Pradesh under Art. 226 of the Constitution of India for a writ quashing the order, dated February 24, 1864 passed by the Regional Transport Authority, Raipur. The High Court took the view that an application for renewal of the grant of counter-signature must be made within the period prescribed by S. 58 (2) of the Motor Vehicles Act and the appellant having failed to apply within that period, the application of the appellant for renewal of the counter-signature on the permit was barred and the Regional Transport Authority, Raipur had no jurisdiction to countersign the permit renewed by the Regional Transport Authority, Bilaspur. The High Court accordingly quashed the order, dated February 24, 1964 passed by the Regional Transport Authority, Raipur. This appeal is brought by the appellant with a certificate granted by the High Court under Art. 133 (1) (c) of the Constitution.

(2.) It is advisable at the stage to refer to the material provisions of the Motor Vehicles Act (Act 4 of 1939) which have a bearing on the validity of the order of the Regional Transport Authority, Raipur, dated February 24, 1964. Section 45 of the Motor Vehicles Act provides that every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles. By the proviso to S. 45 it is enacted that where it is proposed to use the vehicle or vehicles in two or more regions laying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies. Section 47 sets out the procedure of the Regional Transport Authority in considering applications for stage carriage permits and prescribeds the matters which may be taken into account by that officer in granting or rejecting the applications for stage carriage permits. Section 48 provides that subject to the provisions of S. 47, a Regional Transport Authority may, on an application made to it, grant a stage carriage permit, in accordance with the application or with such modifications as it deems fit; valid for a specified route or routes or a specified area. Section 57 prescribes the procedure in "applying for and granting permits". It is provided by sub-s. (2) of S. 57 that an application for a stage carriage permit or a public carrier's permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect, or if the Regional Transport Authority appoints a date for the receipt of such applications, on such date. Section 58 (1) provides that a stage carriage permit or a contract carriage permit other than a temporary permit shall be effective without renewal for such period not less than three years and more than five years, as the Regional Transport Authority may specify in the permit. Sub-section (2) enacts that a permit may be renewed on an application made and disposed of as if it were an application for a permit, provided that the application for the renewal of a permit shall be made (a) in the case of a stage carriage permit or a public carrier's permit, not less than sixty before the date of its expiry, and (b) in any other case, not less than thirty days before the date of its expiry. By sub-s. (3) the Authority is, notwithstanding anything contained in the first proviso to sub-s (2), authorised to entertain an application for the renewal of a permit after the last date specified in the said proviso, if the application is made not more than fifteen days after the said date. Section 63 deals with inter-regional and inter-state permits. The material parts of that section are:

(3.) A stage carriage permit granted by a Regional Transport Authority therefore remains effective without renewal for a period of not less than three years and not more than five years as the authority may specify in the permit. A person desiring to obtain renewal of the permit must, in the case of a stage carriage permit, make an application not less than sixty days before the date of its expiry, and the Authority has to deal with the application for the renewal as if it were an application for a permit. The procedure for obtaining renewal is assimilated to the procedure prescribed for an application for a first permit, but in order that there is no interruption in the transport service the Legislature has provided that the application for renewal shall be made not less than sixty days before the date of its expiry, it being assumed that the authority would be able, in the interval, to publish the application, and to hear objections to the grant of renewal. Except as may be otherwise prescribed, an inter-regional permit by a Regional Transport Authority in any region, is not valid unless the permit is countersigned by the Regional Transport Authority of that other region. The provisions of Ch. IV relating to the grant, revocation and suspension of permits apply to the grant, revocation and suspension of counter-signatures of permits.