MADHYA PRADESH STATE ROAD TRANSPORT CORPORATION BAIRAGARH BHOPAL M P Vs. B P UPADHYAYA REGIONAL TRANSPORT AUTHORITY RAIPUR

JUDGEMENT

(1.) This appeal raises an important question as to the scope and interpretation of S. 62(c) of the Motor Vehicles Act and as to whether the appellant, The Madhya Pradesh State Road Transport Corporation was entitled, in the circumstances of the case, to the grant of a temporary permit for 4 months under S. 62(c) of the Motor Vehicles Act.

(2.) On November 27, 1962 applications were invited for a permit for running a town bus service in Raipur. On February 20, 1963 it was decided by the Regional Transport Authority to grant a permit for the service to the 3rd respondent-Madhya Pradesh Transport Co. (Pvt.) Ltd., Raipur -but the 3rd respondent did not produce buses of the required specifications for operating the service though several opportunities were given. The order granting the permit to the 3rd respondent was consequently revoked by the Regional Transport Authority on September 13, 1964. Shortly thereafter the Regional Transport Authority granted a temporary permit to the appellant for a period of two months i. e., from September 29 to November 28. 1964 in respect of the aforesaid bus service. By the order dated November 25, 1964 the Regional Transport Authority granted another temporary permit for a month to the appellant. The order of November 25, 1964 states:

(3.) Section 62 of the Motor Vehicles Act states: