T VEERANNA Vs. R T A CHITRADURGA

JUDGEMENT

(1.) These petitions under Art. 226 of the Constitution, are concerned with the validity of a temporary permit granted by the Regional Transport Authority ("RTA"), Chitradurga in favour of respondent-3 under S. 68F (1C) of the Motor Vehicles Act, 1939 (for short, "the Act").

(2.) The facts are not in dispute, and may briefly be stated thus:- In 1974, the State Road Transport Corporation ("the Corporation") which is a State Transport Undertaking under Chapter IVA of the Act, prepared and published in the Official Gazette a Scheme which.is generally termed as "Davanagere Draft Scheme". The Scheme was published under S. 68C of the Act. The entire route from Davanagere to Chitradurga covering a distance of 40 miles was a notified route thereunder. The Scheme is yet to be approved or modified by the State Government under S. 68D (2). None knows the reason for this inordinate delay. The consequence is, there is a legal bar under S. 68F(1D) to grant permits except temporary permits as provided under sub-sections (1-A) and (1-C) of S. 68F. In 1976 and 1978, the Corporation has obtained some temporary permits either on the said entire route or covering a section thereof. As on to-day, there are in all twenty-seven services excluding the night services running on the said route. Some are shuttle services, while others are express services. Some are operated by the Corporation and the rest by private operators including the petitioners and respondent-4.

(3.) On 9th June, 1980, respondent-3 applied for a temporary, permit for the said route under S. 68F (1C) for the purpose what he described as "seasonal demands". The RTA, Chitradurga called for a traffic survey report on the route from the Inspector of Motor Vehicles. The Inspector after a survey of the route, submitted his report as follows: -