KSIDDALINGAPPA Vs. REVENUE APPELLATE TRIPUNKI

JUDGEMENT

(1.) The petitioner obtained a permit to operate his stage carriage between Kunigal and Tumkur. The District Magistrate, Tumkur, who was then exercising the powers of a Regional Transport Authority under the Motor Vehicles Act permitted him to leave Kunigal at 3,50 P.M. This was done by an order made by him on October 16, 1950. Respondent 4, who was another operator was, in respect of his service, permitted to leave Kunigal at 3.45. P.M.

(2.) According to the Petitioner by its resolution which it passed on February 25, 1954, the Regional Transport Authority directed the petitioner to leave Kunigal at 3.45 P.M. instant of 3.30 P.M. although, according to the timings originally assigned he had to leave Kunigal only at 3.45 P.M. On behalf of respondent 4, Mr. Venkatanarasimhachar does not admit that by the resolution passed by the Regional Transport Authority, Tumkur, on February 25, 1954, the timings originally assigned to the petitioner were altered. His contention is that by that resolution, the Regional Transport Authority merely declined to make a carnation in the timings originally assigned to the petitioner. To this aspect, I will advert at the appropriate stage.

(3.) However, from the decision of the Regional Transport Authority directing the petitioner to leave Kunigal at 3.45 P.M. the petitioner appealed to the State Transport Authority. The State transport Authority allowed the appeal and permitted the petitioner to leave Kunigal at 3.30 P.M. Respondent 4 appealed from the decision of the State Transport Authority to the State Government who was then exercising power under section 64 (2) of Act. That appeal was dismissed.