KUNDUR RUDRAPPA Vs. MYSORE REVENUE APPELLATE TRIBUNAL

JUDGEMENT

(1.) The petitioner was granted a stage carriage permit on the route Davangere to Shimoga via Honnali, by the Regional Transport Authority, Shimoga, by its resolution dated 3/4-5-1963. Against the grant of the said permit, appeals had been preferred and the State Transport Appellate Tribunal had granted an order of stay. The appeals were dismissed on 27-9-1963. Against the judgment of the State Transport Appellate Tribunal, appeals had been preferred before the Mysore Revenue Appellate Tribunal, and the Mysore Revenue Appellate Tribunal dismissed them on 27-2-67. The petitioner was thereafter issued the stage carriage permit on 26-4-67 and in furtherance of the grant of the permit, he commenced the operation of his service. Against the issue of the permit, respondents 4 to 13 preferred appeals before the State Transport Appellate Tribunal. The said State Transport Appellate Tribunal set aside the issue of the permit. The petitioner preferred an appeal before the Mysore Revenue Appellate Tribunal against the judgment of the State Transport Appellate Tribunal, but it was dismissed. The writ petition has been filed by the petitioner praying for a writ of Certiorari to quash the orders of the Mysore Revenue Appellate Tribunal and of the State Transport Appellate Tribunal.

(2.) When the R.T.A., Shimoga, granted the permit on 3/4-5-63, the petitioner was directed to produce the required documents relating to his vehicle within one month from that date. But immediately after the grant of the permit, there was an order of stay by the State Transport Appellate Tribunal in the appeals filed before it, and the petitioner could not comply with the directions given by the R.T.A., Shimoga. The said appeals were dismissed on 27-9-1963. Though second appeals had been filed before the Mysore Revenue Appellate Tribunal, there was no order of stay during the pendency of the said second appeals. These second appeals were dismissed on 27-2-67. Thereafter, on 25-4-1967, the Secretary, R.T.A., Shimoga, called upon the petitioner to produce the relevant documents. The petitioner produced the same and the permit was issued on 26-4-1967. On 3/4-5-1963, when the permit was granted by the R.T.A., the Mysore Motor Vehicles and Road Traffic Rules, 1945 were in force. The said rules were repealed by the Mysore Motor Vehicles Rules 1963, which came into force on 1-7-63. The stay order issued by the State Transport Appellate Tribunal must be deemed to have been vacated on 27-9-63 when the appeals before it were dismissed. Both the State Transport Appellate Tribunal as well as the Mysore Revenue Appellate Tribunal have held that when the permit was issued on 26-4-67, to the petitioner by the Secretary, R.T.A., Shimoga, since the new rules were in force, it must be deemed to have been issued under R. 119 of the new rules and that the action of the Secretary, RTA was beyond his powers under the said rule.

(3.) The relevant part of R.119 of the Mysore Motor Vehicles Rules 1963 (hereinafter referred to as the new rules) reads as follows: