SEETHARAM Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) In all these Cases, the petitioners are holders of stage carriage permits issued when the Motor Vehicles Act, 1939 was in force. They had put vehicles owned by others to operate under their permits. Having regard to the provisions of the 1939 Act, it was not necessary that vehicles covered by the permits should be owned by the permit holders. After the Motor Vehicles Act, 1988 ('Act' for short) came into force the Transport Authorities insisted that the vehicles covered by the permits, should be owned by the permit holders. When petitioners, applied for renewal of their permits, the Transport Authorities issued Endorsements or passed Resolutions requiring that vehicles covered by the petitioners' permits should be duly registered in their own names. The petitioners were also informed that they will not be permitted to operate vehicles standing in the names of others against permits (vide Annexure-A dated 7.6.1990 in W.P.13312/90; Annexure-B dated 23.2.1990 in W.P. 13313 and 13314/1990; Annexure-A dated 5.4.1991 in W.P.15940/1991 and Annexure-A dated 16.5.1992 in W.P. 22664/1992). Feeling aggrieved, the petitioners have filed these Petitions for quashing the imposition of the condition that the vehicle covered by the permit should be owned by the permit holder. The Question that arises for Consideration is whether the vehicle covered by the permit, should actually be owned by the permit holders; and having regard to the use of the expression 'owner of a motor vehicle' in Section 66 of the Act and the use of the expression 'vehicle registered in his name' in Rule 65 of the Karnataka Motor Vehicles Rules 1989, whether a vehicle not actually owned by the permit holder, can be covered by the permit.

(2.) The petitioners relying on the Decision of the Supreme Court in K.M. VISHWANATHA PILLAI v. M. SHANMUGHAM PILLAI AIR1969 SC 493 , (1969 )1 SCC188 , [1969 ]2 SCR896 , concluded that a permit holder can use a vehicle owned by any third party in respect of his permit. The portions relied on, are extracted below:

(3.) The matter will have to be examined with reference to the provisions of the 1988 Act.