KVENKANNACHAR Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY AND

JUDGEMENT

(1.) The short question involved in this writ petition is whether an application for renewal of a permit under the provisions of Section 58, M. V. Act should be accompanied by a certificate of solvency. The petitioner is a person who operates a stage carriage between Holavanahalli and Bangalore in the Districts of Tumkur and Bangalore during the last 30 years under the permits granted and renewed from time to time. But when he made an application for the renewal of that permit for a period of five years from April 1, 1961, he was called upon to produce a solvency certificate the production of which is in a proper case required by Rule 144 of the Mysore Motor Vehicles and Road Traffic Rules, 1945. That Rule reads:

(2.) We must, in our opinion, reach that conclusion for an additional reason which is, that as the proviso states it governs only cases in which an application is presented in response to a notification calling for such applications under Rule 127 of the Rules and the case before us was not one such.

(3.) The impugned direction by which the Regional Transport Authority called upon the petitioner to produce the solvency certificate cannot, therefore, be sustained and it is accordingly quashed. The Regional Transport Authority will now dispose of the application for renewal made by the petitioner according to law.