B A JAYARAM Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) Except Writ Petitions 4389, 4792 and 5723 of 1978, in all these Writ petitions, the petitioners have sought for quashing of the resolution dated 4/5-4-1978 passed by the respondent (Karnataka State Transport Authority --- hereinafter referred to as 'KSTA') in Subject No. 6 of 1977-78 resolving to call for the applications for grant of permits under S. 63 (7) of the Motor Vehicles Act (hereinafter referred to as the Act) and also to quash the notification dated 3-5-1978 issued by the KSTA published in the Karnataka Gazette dated 11-5-1978 calling for the applications for grant of 16 permits. It is also Prayed for issue of a writ in the nature of Prohibition restraining the KSTA from considering the applications received Pursuant to the aforesaid notification. In Writ Petitions 4389, 4792 and 5723 of 1978, the prayer of the petitioners is to direct the KSTA to consider their applications filed for grant of Permits under S. 63 (7) of the Act along with the applications of the petitioners in the other writ petitions.

(2.) The brief facts necessary for the purpose of deciding the question involved in these writ petitions are as follows: The KSTA, pursuant to the quota made available by the Central Government under Section 63(7) of the Act, for grant of permit to Tourist vehicles resolved to call for applications for grant of permits by the resolution dated 4/5-4-1978 in Subject No. 6/7778, marked as Exhibit-G in Writ Petitions 5826 to 5830 of 1978. Pursuant to that resolution, the notification dated 3-5-1978 came to be published in the Karnataka Gazette dated 11-5-1978 (Exhibit-H) calling for the applications. In the notification, it was specifically stated that those who have already applied in the prescribed form with prescribed fee need not apply again if they so desire. The last date fixed for receipt of applications was 3-6-1978. All the petitioners have filed their applications even prior to the issue of the aforesaid notification, whereas, the contesting respondents have filed their applications pursuant to the notification.

(3.) It is submitted by Sri M. Rangaswamy and also by Sri M. R. Narasimhachar, learned counsel appearing for the petitioners in Writ Petitions 5826 to 5830 of 1978, connected with W. Ps. 5642, 6206, 6207 and 5850 of 1978, that as per S. 63 (7) of the Act, the provisions contained in Ss. 49, 50, 57, 58, 59, 59 (a), 60, 61 and 64 of the Act, shall, as far as may be, apply to the grant of permits in respect of tourist vehicles also. It is submitted that the tourist vehicle is defined to mean a 'contract carriage' as per, the definition contained in S. 2 (29A) of the Act, therefore, the provisions contained in Section 57 (1) of the Act are applicable f or, grant of permits for tourist vehicles as per the quota made available under Section 63 (7) of the Act, and as such, it is contended that there is no power vested in the KSTA to call for, the applications, because, as per the provisions contained in S. 57 (1) of the Act, the applications for contract carriage permit of a private carriers, permit may be made at any time. It is also further submitted that the Act specifically provides for calling applications in respect of a stage carriage permit or a public carries permit as per Section 57 (2) of the Act, whereas, it does not provide for calling applications in respect of a contract carriage permit or a private carrier's Permit; therefore, by reason of the express provision contained in the Act, in respect of a stage carriage Permit and a public carrier's permit and there being no similar provision in respect of a contract carriage ova Private carrier's Permit, it should be held that the KSFA has no authority to call for applications for grant of permits under S. 63 (7) of the Act, as it has to entertain the applications as and when filed by the applicants.