DSIDDARAMAPPA Vs. STATE OF MYSORE AND

JUDGEMENT

(1.) The petitioner before us is the proprietor of a bus service known as Sri Mallinatha Motor Service. Respondent 2 is the owner of another bus service known as jagadeesh Motor Service, Davaugere. The petitioner obtained a permit sometime in November 1950 to ply his service from Chital-drug to Davangere via Barhmasagara, Bilichod and Anaji. Respondent 2 in February 1951 got a permit to ply his bus service from Sokke to Davangere via Hosakere, Bilichod and Anaji. A portion of the two routes, that is to say the route given to the petitioner and the route, given to Respondent 2, was common -- that is the portion which fell between Davangere and Bilichod. In the original permit granted to the petitioner 5 p.m. was the time fixed For departure of his bus from Davangere to Chitaldrug, and similarly the time fixed in the permit granted to Respondent 2 for departure from Davangere of his bus to Sokke was 5-30 p.m. Thereafter on 21-8-1952 on an application made by Respondent 2 to the Deputy Commissioner (Chairman of the Regional Transport Authority), the time of departure of his bus service from Davangere was changed to 4 p.m. On 13-3-1954 the petitioner by making an application got the time of the departure of his bus service from Davangere changed to 3 p.m. Thereafter Respondent 2 got his line extended from Sokke to Kottur. It should be mentioned that prior to that date Respondent 2 had also got his route extended from Davangere to Bada. On 9-9 1954 Respondent 2 applied for fixing the lime of departure of his service from Davangere earlier than 3 p.m. which was the time fixed for departure of the petitioner's bus service from Davangere. This application which was originally made to the Regional Transport Authority was rejected on 1-12-1954. Thereafter Respondent 2 made another application on 3-1-1955 to the State Transport Authority which was also rejected. Respondent 2 then preferred an appeal against the said order of the State Transport Authority, refusing to change the existing time of departure of his bus service from Davangere, to Government. The Government reversed the decision of the State Transport Authority and sanctioned the departure of Respondent 2's service from Davangere at 3 p.m. and altered the time of departure of the petitioner's bus service from Davangere to 3-30 p.m. instead of 3 p.m. as it originally stood. The present petition has been filed by the petitioner being aggrieved by the said order of the Government.

(2.) The only ground urged before us by the learned Advocate for the petitioner in support of this petition was that the Government had no jurisdiction to pass the said order. In other words, it was contended before us that there was no right of appeal against an order of this kind allowed by the Motor Vehicles Act. The right of appeal against an order passed by the Regional Transport Authority or State Transport Authority is given by Section 64 of the Motor Vehicles Act. The said section gives a person the right of appeal against an order of the Regional Transport Authority or State Transport Authority in the cases mentioned in the various clauses thereof. It was contended before us on behalf of the petitioner that the present case docs not fall within any of the said clauses of Section 64 of the Motor Vehicles Act and therefore there is no right of appeal against the said decision of the Transport Authority to the Government.

(3.) The learned Advocate appearing on behalf of Respondent 2 on the other hand contended before us that the present case comes under Clause (a) of Section 64 of the said Act. The said clause reacts as follows :