A M V JAYARAMAN Vs. MURUGAN BUS SERVICE

JUDGEMENT

(1.) The revision relates to the grant of stage carriage permit on the route from Nagalur to Erode. The distance is 46 kms. There were six applicants before the Regional Transport Authority which at its hearing on 18-1-1977, preferred the respondent in this revision petition, for reasons stated in the order. Aggrieved by the same, the matter was taken up in appeal to the Appellate Authority by the revision petitioners as well as another, Kannan Transport, in App. Nos. 213 and 192 of 1977. The State Transport Appellate Tribunal considered the matter in the order dated 28-3-1978, and dismissed the appeals. Aggrieved by the concurrent orders, the present revision petition has been preferred by A.M.V.Jayaraman alone. The respective qualifications of the petitioner and the respondent may be stated in the following tabular statement - Petitioner (A.M.V.Jayaraman) Respondent (Murugan Bus Service) Before R.T.A. Applicant No.4. Before R.T.A. Application No. 8 Before S.T.A.T Appellant in Before S.T.A.T. Respondent in App.213 of 1977 App.No.213 of 1977 Total Marks : 10 Total Marks : 10 Unit : 2 + 1 Unit : 1 + 1. Ex. 1. Lorry Operator from Bus Operator from 2-5-1973. 1.2.72 Sector : 20 kms Sector : nil Branch office : at Bhavani Branch office : Nil Additional workshop at Bhavani Additional workship nil History sheet : clean Caution (vide I.A. 158/78) In support of the petition, only tow points are urged before me. (1) The tribunal erred in failing to note that the respondent's history sheet was not clean as it mentioned. IN fact I. A No. 158 of 1978 was filed. The same is available at page 55 of the current file and that contains a caution which can be taken note of for the purpose of assessing the manner of performance. Nevertheless, if the Tribunal were to hold that the history sheet is clean without adverting to the material placed before it by means of interlocutory application, it had committed a material irregularity. The second submission is that pending the civil revision petition, the permit granted in favour of Murugan Bus Service has been transferred to N.Thangavelu. Therefore, C.M.P. 14326 of 1981 was taken up to implead him as a party. It is stated that certain subsequent events had taken place which have a great bearing with regard to the revision. the spare bus of Murugan Bus Service, original grantee, was surrendered on 1-12-1978. It had also transferred one of the two permits it had in favour of a third party on 14-1-1979. The very permit forming the subject matter of the revision has been transferred in favour of another (Thangavelu) on 23-1-1979. Under these circumstance, by reason of the subsequent events, there is a complete change in the situation. The original grantee, namely, Murugan Bus Service, the transferor of the present respondent (N.Thangavelu) was made on the footing that he was a single bus operator. Where, therefore, the basis of the grant itself had gone, these subsequent events can be taken note of in which even it will be open to the petitioner to urge that the grant in favour of Murugan Bus Service cannot any longer be sustained. Such subsequent events can be taken note of even under the revisional jurisdiction as seen from the ruling reported it was held that the power of revision is a part of appellate jurisdiction and such appear is conferred by reason of the fact that the High Court is a superior court. In a case in M.A.Abdul Rahiman v. A.P.Abdulla 1967-80 Mad LW (SN) 54 which arose under madras Buildings (Lease and Rent Control) Act a subsequent event which took place during the pendency of the revision was taken note of and necessary relief was granted.

(2.) These are the arguments of Mr.V.P.Raman learned counsel for the petitioner. Mr.G.Ramaswami in opposition to these arguments, would say that where during the revisional stage certain events take place, this court is not concerned with those subsequent events. Only an appeal is continuation of the suit while the revision is not. There cannot be any demur on this proposition. A careful by the petitioner, namely, V.Venkateswarlu v. Motor and General Traders, would clearly show that the subsequent event took place only at the appellate stage before the Tribunal. This Court by reason of S. 64-B of the Motor Act, exercises powers as are conferred under S. 115 C.P.C If that be so, in revisional jurisdiction, it cannot take note of these matters. In Hari Shankar v. Rao Girdhari Lal. AIR 1963 SC 698, in para 7 revision was pointed out. having regard to the same, this court must be held to have powers to see whether there is an error in jurisdiction, which alone is the scope of S. 115 C.P.C. To the same effect is the decision in bhim Sen v. Savitri, and the decision in Abbasbhai Alimohamed v. Gulamnabi Haji Safibhai As to the scope of revisional jurisdiction and the meaning of record can be gathered from the ruling in S.M.Transport v. Raman and Raman, Pvt, Ltd., In other words, where the High Court is concerned with the applications as on the date of R.T.A's hearing, it is not possible for the petitioner to contend that subsequent events have taken place as a result of which the original grantee be an operator and therefore the permit is liable to be set aside. Such a power is not conferred under S. 115 C.P.C The leaned counsel for the respondent relies also on the decision in Shree Rajalakshmi Dyeing Works v. Rangaswamy

(3.) As regards I.A. 158 of 1978, the argument is that there is nothing on record to show that the respondent was even served, much less, there was an opportunity to verify the correctness of the same. Under these circumstances, merely because such a record is available in the current file, it cannot be held that the exercise of jurisdiction by the Tribunal is in any manner vitiated. For all these reasons, there is absolutely no reason to interfere.