OURULINGAPPA D Vs. SECRETARY R T A

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner has challenged the Order No. RTA/SCP/TPA-85/82-83 dt. 30 6-1982 (Annexure-B) of the Secretary, Regional Transport Authority, Shimoga (hereinafter referred to as 'the Secretary').

(2.) On 28 3 1982, respondent No. 2 has made an application under S. 58 of the Motor Vehicles Act of 1939 (hereinafter referred to as 'the Act') before the Regional Transport Authority, Shimoga (hereinafter referred to as 'the RTA') for renewal of his stage carriage permit No. P.St.P. 1/ 73/74 valid for the route Davanagere to Thanigere and back, which unfortunately is still pending before that authority. But during the pendency of the said application, respondent No. 2 made an application for a temporary permit under S. 62 (1) (d) of the Act for the period from 2-4-1982 to 30-6-1982 before the Secretary, who very rightly granted the same. Before the expiry of that temporary permit, respondent No. 2 made another application on 28-6-1982 before the Secretary for a temporary permit on the same route for the period from 1-7-1982 to 30-9-1982 (Annexure-A), who by his order dt. 30 6 1912 (Annexure-B) has granted the same.

(3.) The petitioner as an existing operator on certain sections of the route for which a temporary permit has been granted to respondent No. 2, has urged that It was not open to the Secretary to grant a second temporary permit prohibited by the 2nd proviso to S. 62 of the Act.