M NANJAPPA Vs. KARNATAKA STATE TRAMS APP TRI

JUDGEMENT

(1.) Because common questions of law and fact arise for consideration in these two petitions they are disposed of by this common order.

(2.) The petitioner in these two petitions made applications before the Regional Transport Authority, Mysore (hereinafter referred to as the 'RTA') for varying the conditions of two permits held by him to ply stage carriages under S.46 read with Sec.57(8) of the Motor Vehicles Act, 1931) (hereinafter referred to as the 'Act) . Respondent 3 in each of these petitions, objected to the variations prayed fcr. After hearing the petitioner and the objectors the RTA was of the opinion that the, variations prayed for should bq granted. Aggrieved by the resoution cf the RTA Respt 3 in each of these petitions filed appeals before the Karnataka State Transport Appellate Tribunal (hereinafter referred to as the 'Tribunal') .It would appear that respondent 3 in each of these petitions came to kno,w when the appeals were pending before the Tribunal that the applications together with the notice which had been published as required by S.57(3) of the Act read with Rule 97 of the Motor Vehicles Rules, 1963 in the Official Gaze'tte had been signed by a person who had been asked to work as an incharge Secretary of the RTA in the absence of the Secretary and not by the Secretary as required by Pule 97 of the Motor Vehicles Rules. They, therefore, filed additional grounds of appeal before the Tribunal and argued that the entire proceedings before the RTA were liable to be set aside as being without jurisdiction. Relying on the above submissions the Tribunal set aside the resolution of the RTA and remanded the cases to the RTA for fresh disposal in accordance with law. While doing so, the Tribunal did not consider the other grounds raised by the appellants before it. Aggrieved by the decision of the Tribunal the petitioner has filed these two petitions.

(3.) In support cf the above petitions Sri Nagesh Rao, learned Counsel for the petitioner relied upon S.134(2) of the Act which reads as follows :