S A SHERIFF Vs. MYSORE REVENUE APPELLATE TRIBUNAL

JUDGEMENT

(1.) These are petitions under Arts.226 and 227 of the Constitution, for quashing the judgments of the Mysore Revenue Appellate Tribunal (here inalter referred to as the MRAT.) in second appeals from the appellate decisions of the Mysore State Transport Appellate Tribunal (hereinafter referred to as the STAT) All these appeals had been filed before the MRAT. after 1-4-1971. Except in WP.585 of 1973 in all the other petitions the respective first appeals had been pending before the STAT. on 1-4-71. The principal ground on which the judgments of the MRAT. have been impugned in these petitions, was that it (the MRAT.) had no jurisdiction to entertain and decide any second appeal presented on or after 1-4-1971 on which date the Motor Vehicles (Amendment) Act, 1969) (Central Act of 1969) (hereinafter referred to as the Amendment Act) came into force.

(2.) Mr. M. R. Venkatanarasimhachar learned Counsel for the petitioners in WPs.977 and 3028 of 1972 and WP.585 of 1973, addressed the leading arguments for the petitioners. Other learned Counsel for the petitioners adopted his arguments. Mr. P. R. Srirangaiah and Mr. M. Rangaswamy addressed leading arguments for the party respondents and other learned Counsel for party respondents adopted their arguments. Before discussing the rival contentions of learned Counsel, I shall set out the relevant statutory provisions.

(3.) The Motor Vehicles Act, 1939 (hereinafter referred to as the Act) was enacted by the Central Legislature. It was extended to the former State of Mysore with effect from 1-4-1951 under Part B States (Laws) Act, 1951. The relevant parts of Sec.64 of the Act, as originally enacted. read as follows :