M A HAMEED Vs. DEPUTY COMMISSIONER FOR TRANSPORT

JUDGEMENT

(1.) the only controversy which has been raised in the present petition is that the Order on appeal under the Karnataka Motor Vehicles Taxation Act, 1957 have been passed by a person who is, not authorised to hear the-appeal.

(2.) arguments of both the learned counsels for the parties have been heard. Under Section 15 of the ACT of 1957, appeal lies to the prescribed authority. Rule 31 of the Karnataka motor vehicles taxation rules, 1957 provides that appeal will lie to the deputy commissioner for transport if the original Order is that of an officer other than the commissioner and the deputy commissioner for transport. The proviso provides that if the original Order has been passed by the deputy commissioner for transport himself in some other capacity, appeal against such original Order shall lie, to the commissioner. The term deputy commissioner for transport under rule 2(l)(bb) of the rules, 1957 is as under:

(3.) in the present matter, the temporary arrangement has been made by the commissioner for transport, by the Order dated 5-5-1997 which is as under: (english translation).