SECRETARY REGIONAL TRANSPORT AUTHORITY Vs. D P SHARMA

JUDGEMENT

(1.) This appeal is from the Order of Malimath.J, allowing Writ petition No.8980 of 1976. The regional Transport Authority, Bangalore, (hereinafter referred to as the R. T.A) and the State of Karnataka have preferred this appeal.

(2.) The Karnataka State Road Trans-port Corporation (hereinafter referred to as the Corporation) was permitted to blimp leaded as respondent-2 in this appeal and Shri P. R. Ramesh, learned Counsel for the Corporation, addressed supporting the arguments, of the learned High court Government Pleader who appeared for the appellants.

(3.) The writ petitioner (respondent No. 1 herein) is the owner of a public service vehicle. He had been granted a permit to operate a stage carriage between Bangalore and Vallipuram. As a part of that rout lies in Tamil Nadu, he could not operate that service beyond the border of this State as the Transport Authorities of Tamil Nadu had not countersigned that permit. On 4-10-1976, he made an application to the R.T.A. for grant of a special permit under sub-section (6)of S. 63 of the Motor Vehicles Act, 1963 (hereinafter referred to as the Act) for the period, 15-11-1976 to 22-11-1976. The R.T.A. rejected his application on the ground that it could not entertain such application and grant a special permit in view of the provisions of sub-section (3) of S. 20 of the Karnataka Contract Carriages (Acquisition) Act, 1976 (hereinafter referred to as the Acquisition Act). The decision of the R.T.A. was impugned in the writ petition