K ANANTHARAJU Vs. SECRETARY KARNATAKA STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner is an operator of a stage carriage service on the route Bangalore to Krishnagiri Via Kolar Gold Fields, Kamasamudra, Dcdda Pannandahalli Kanamanahalli and Kundarlapalli. He is aggrieved by the grant of counter signature to a tempoary permit issued by the State Transport Authority of Tamil Nadu to the Managing Director of Anna Transport Corporation-2nd respondent herein by the Secretary-Karnataka State Transport Authority. The said temporary permit is granted on the route Krishnagiri to Kolar Gold Fields Via Kundalapalli, Vepanapalli, Kothakrishnapalh, Kanamanapalli, Bheeganapalli, Kamasamudra and Keeleri. The said route of the 2nd respondent over-laps considerable portion of the route of the petitioner and herefore he feels affected and aggrieved. He has challenged the grant of counter signature on the ground that the State Transport Authority has not followed the procedure prescribed under Sec. 63 of the Mator Vehicles Act, 1939, (hereinafter referred to as the Act) for granting counter-signature to a parmit. Specifically, his contention is that grant of counter signature should nece sarily follow the p-ocadure laid down in sub-sees. (2) to (7) of Sec. 57 of the Act in terms of sub-sec. (3) of Sec. 63 of the Act. Sub sec. (3) of Sec. 63 of the Act makes it clear that the provisions contained in Chapter IV of the Act for grant or revocation or suspension of permits should apply to the grant, revocation or suspension of counter signature of permits with the exception provided in the proviso thereto. The 2nd respondent's case is that not falling within the exception the matter shoulJ have been dealt with in accordance with the provision made, namely, sub-sees. (2) to (6) of Sec. 57 of the Act. That procedure not having been followed the counter signature is liable to be set .aside.

(2.) That contention must necessarily be upheld in the view. I have taken in W. P. No. 8789/1986 and connected matters disposed of on 21-7-1986. However, Counsal for respondent-2 strenuously urged that having regard to language of sub-sec.(1) of Sec. 62 of the Act and language of sub-sec(3) of Sec. 63 of the Act, there is no need to get the counter signature to a permit granted under sub-sec. (1) of Sec. 62 of the Act or in any event the procedure prescribed under Sec. 57 of the Act for grant of permits being dispensed with for grant of a temporary permit, the need for following the same procedure for counter signature also must be held to have been dispensed with by the legislature. The argument undoubtedly looks attractive. But, unfortunately, for the reasons I have given in the batch of petitions referred to earlier and the reaton I will give hereafter, the argument is without sufficient foundation.

(3.) Undoubtedly, in sub-sec. (1) of Sec. 62 of the Act the provision is made for grant of temporary permits without following the procedure laid down in Sec. 57 of the Act. The temporary permits therein are not restricted to interregional or intra-regional permits. A temporary permit may be granted even with reference to inter-state routes. Therefore, in granting such temporary permits procedure prescribed under Sec. 57 of the Act need not be followed. In fact, it should be granted without following the procedure prescribed under Sec. 57 of the Act. That is the express, positive language, used in sub-sec. (1) of Sec. 62 of the Act. But, Sec. 63 of the Act makes it abundantly clear, a permit i.e., any kind of permit granted by one Regional Authority or the State Transport Authority of one State will not be valid in another region or another State unless such permit is counter signed. The procedure for granting a counter signature, it is made clear in sub-sec. (3) of Sec. 63 of the Act is the same as provided in Sec. 57 of the Act for grant of a permit. Therefore, despite dispensing with the need for following the procedure laid down in Sec. 57 of the Act for grant of temporary permits; nevertheless the legislature bid not make any exception for the grant of counter signature to any class of permits or any type of permits except for the exceptions provided in the proviso to sub-sec. (3) of Sec. 63 of the Act and what is provided in sub-sec. (4) of Sec. 63 of the Act.