KUMARAPPA Vs. COMMISSIONER FOR TRANSPORT

JUDGEMENT

(1.) The petitioner is the owner of a public carrier, for which the permit was granted by the Transport authorities in Andhra Pradesh and the same was countersigned by the State Transport Authority, Mysore. He was required to operate the said vehicle on specified routes lying in the State of Mysore.

(2.) On 26-4-1971 when the petitioner's vehicle was checked by the Inspector of Motor Vehicles, he found that the said vehicle was plying frorn Royalapad to Bangarpet via Kolar. The route Kolar-Bangarpet was not admittedly one of the specified routes for which counter-signature was given. Notice to show cause was, therefore, issued to the petitioner by the Regional Transport Officer, Kolar on 27-4-71 calling upon him why an additional sum of Rs.400 as penalty cannot be levied under the Mysore Motor Vehicles Taxation Act, 1957. The petitioner showed some cause, but it was not accepted. The petitioner was ordered to pay a penalty, in addition to the tax for the quarter ending 30th June, 1971.

(3.) Appeal preferred by the petitioner against the said order before the Commissioner for Transport, was dismissed by the order dt.20th July, 1971. Hence he has approached this Court for relief under Article 227.