D P SHARMA Vs. REGIONAL TRANSPORT AUTHORITY BANGALORE

JUDGEMENT

(1.) The petitioner is the owner of motor vehicle bearing No. MYA 7242. It was registered under the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) as a contract carriage. The petitioner gave notice to the registering authority the first respondent of his proposal to alter the contract carriage as a stage carriage. That notice was given on the 9th of January, 1976 and was received by the first respondent on the same day. The petitioner was informed by the first respondent by his letter dated 10th February, 1976, which according to the petitioner was received on 14-4-1976, that his application dated 9-1-1s976 in Form 32 A. M. requesting for conversion of vehicle MYA 7242 as a stage carriage is rejected as the said vehicle which is registered as a contract carriage has vested in the State Government in view of Ordinance No. 7 of 1976 dated 31-1-1976. There appears to be a mistake in mentioning the date of the Ordinance, the correct date being the 30th of January, 1976.

(2.) Shri B. S. Keshava Iyengar, learned counsel appearing for the petitioner, submitted at the outset that the prayer 'C' in paragraph 4 of the petition is not pressed by the petitioner at this stage and he reserved his right to agitate this matter in other appropriate proceedings. Hence, the only other two reliefs which survive for consideration are these: (1) To declare that the petitioner's vehicle MYA 7242 had become a stage carriage and (2) that the endorsement of the l st respondent as per Exhibit 'A' is without the authority of law and has no legal effect or validity.

(3.) Shri Keshava Iyengar, relying on the decision of this Court in M, Ranganathan v. State of Karnataka, (W. P. Nos. 1461 and 5192 of 1976 decided on 12-7-1976) (Kant), submitted that the approval sought by the petitioner by issue of a notice under sub-section (1) of Section 32 of the Act must be deemed to have been granted by the first respondent on the expiry of 7 days of the receipt of the notice by the first respondent.