BUNDELKHAND MOTOR TRANSPORT CO Vs. BEHARI LAL CHAURASIA

JUDGEMENT

(1.) In 1957 the Regional Transport Authority, Jabalpur granted to Messrs Bundelkhand Motor Transport Company, Nowgaon-hereinafter called 'the appellant - a permit under the Motor Vehicles Act, 1939 to ply stage carriages on an interregional route-Jabalpur to Chattarpur-in the State of Madhya Pradesh, and the permit was counter-signed by the Regional Transport Authority, Rewa, within whose jurisdiction a part of the route lay. The permit was renewed in 1960 for a period of three years expiring on August 9, 1963 by the Regional Transport Authority, Jabalpur, and it was counter-signed by the Regional Transport Authority, Rewa. On June 7, 1963 the appellant applied to the Regional Transport Authority, Jabalpur, for renewal of the permit, and order, dated December 6, 1963 the permit was renewed for the period ending February 9, 1966. By its application, dated December 7, 1963 the appellant requested the Regional Transport Authority, Rewa, to counter-sign the permit so renewed. This application was published as required by S. 57 read with S. 63 (3) of the Act on January 2, 1964. Three motor transport operators, amongst whom was the first respondent Behari Lal Chaurasia, objected to the grant of counter-signature to the permit, inter alia, on the ground that the application was barred by the law of limitation prescribed by S. 58 (2) proviso one, and the Regional Transport Authority, Rewa, had no power to grant counter-signature of renewal after the expiry of that period. The Regional Transport Authority, Rewa, overruled the objection, and by order, dated March 17, 1964 granted counter-signature of the permit.

(2.) The first respondent then applied to the High Court of Madhya Pradesh under Arts. 226 and 227 of the Constitution for a writ quashing the order, dated March 17, 1964 passed by the Regional Transport Authority, Rewa. In the view of the High Court an application for renewal of the permit and an application for renewal of counter-signature must be made within the period prescribed by S. 58 (2) of the Act, and the appellant having failed to apply within that period, the application of the appellant for renewal of the counter-signature was barred and the Regional Transport Authority, Rewa, had no jurisdiction to counter-sign the permit renewed by the Regional Transport Authority, Jabalpur. The High Court accordingly quashed the order, dated March 17, 1964. With certificate granted by the High Court under Article 133 (1) (c) of the Constitution, the appellant has appealed to this Court.

(3.) It may be convenient in the first instance to refer to the material provisions of the Motor Vehicles Act 4 of 1939 which have a bearing on the validity of the order dated March 17, 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 lying 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 prescribes the matters which may be taken into account by that officer in granting or rejecting the applications for stage carriage permits. By S. 48 it is provided 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 specified area. Sub-section (3) of S. 48 authorises the Authority to grant a stage carriage permit subject to one or more of the conditions specified therein. Section 57 prescribes the procedure in "applying for and granting permits". An application for a stage carriage permit or a public carrier's permit shall, it is provided by subsection (2), 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 dateS for the receipt of such applications, on such dates. By sub-section (1) of S. 58 it is provided 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 not 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 an 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 days 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-section (3) the Authority is, notwithstanding anything contained in the first proviso to sub-section (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 last date. Section 63 deals with interregional and inter-State permits. The material parts of the section are as under: