G MANI Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner is a single bus operator plying a stage carriage TNF767 on the route of Thali to Athibelli border (via) Kanicottah, Kelamangalam and Hosur whose license expired on 20.1.82 and who was granted renewal of license for the period 20.1.77 to 20.1.80 and thereafter applied for renewal of license for a period of 5 years namely till 19.1.87. His application for renewal was rejected by the 1st respondent, Regional Transport Officer by proceedings dated 5.6.85 on the ground that the application for renewal was made belatedly. On appeal against the order of the first respondent dated 5.6.85 the 2nd respondent, State Transport Appellate Tribunal by proceedings dated 9.10.2002 confirmed the order of the first respondent. Hence, the writ petition.

(2.) Learned counsel for the petitioner contended that in view of the orders of the Apex Court dated 13.7.1993 in M.A.Mohammed Ali Jinna & Bros. V. Union of India, the application for renewal of licence which are made under repealed Act are entitled to be considered under the present Act namely Motor Vehicles Act 1988, which is holding the field today. Therefore, the authorities ought to have considered the application for the renewal of the application of the petitioner in the light of the present Act on merits. As per the amended Act, the petitioner's renewal application should have been filed within 15 days prior to the expiry of the renewal and extended the said period for 120 days. In the case of any delay the licensing authorities shall consider the reason for the delay on merits by exercising the power under Section 81(3) & (4) of the Motor Vehicles Act.

(3.) It is not in dispute that the application for renewal applied by the petitioner is not filed in time. Therefore, the only option left for the petitioner is to approach the first respondent to seek condonation of delay by filing the belated application for the renewal before whom his application for renewal for permit of the said vehicle for the subsequent period is also pending for consideration.