(1.) THIS reference arises out of proceedings for the grant of permits under the Motor Vehicles Act, 1939. Banarsi Das Sharma and three others have filed in this Court a writ petition challenging cer tain orders of the State Transport Appellate Tribunal, U. P. and the Regional Transport Authority, Meerut. This is writ petition No. 574 of 1969. During the pungency of the writ petition, Banarsi Das Sharma, res pondent No. 1 applied to the Court for the grant of temporary permits. A temporary permit was granted on 27-11-1969. An other temporary permit was granted by the Court on 17-3-1970. On 30-7- 1970 a single Judge of this Court passed an order direct ing the Regional Transport Authority, Meerut, to grant another temporary permit to Banarsi Das Sharma, petitioner, effective from 3-8-1970 for a period of four months.
(2.) AGAINST this order of the learned Single Judge, dated 30-7-1970, a special appeal has been filed by two persons, Maha bir Prasad Sharma and Ajayab Singh. This is . The first ground in the special appeal is that the High Court had no jurisdiction to issue a temporary permit. That is a matter in the sole discretion of the Regional Transport Authorities. When the special appeal came up for hearing before a Division Bench on 6-11-1970, the learned Judges considered that the point raised in the special appeal is of general importance. They, therefore, referred the following question to a Full Bench:- "Can this Court in a proceeding under Article 226 of the Constitution issue an order or direction to the Regional Transport Authority to grant temporary permits?"
(3.) IN order to decide whether this Court is competent to issue a direction to a Regional Transport Authority to grant a tem porary permit, it will be convenient to out line the general scheme of the Motor Vehi cles Act, 1939 (hereafter referred to as the Act) for the grant of permits. Chapter IV of the Act provides for control of transport vehicles. Section 42 lays down that no owner of a transport vehicle shall use or per mit the use of the vehicle in any public place save in accordance with the condi tions of a permit granted or countersigned by a Regional or State Transport Authority. Section 43 confers on the State Government power to control road transport. Having regard to the advantages offered to the public and such other matters, a State Gov ernment may issue directions to the State Transport Authority regarding grant of per mits and similar matters. In the present case we are concerned with the grant of stage carriage permits. Section 47 of the Act lays down the procedure of Regional Transport Authority in considering applica tions for stage carriage permits. In considering an application for a stage carriage permit, a Regional Transport Authority has to consider various matters, which have been enumerated in clauses (a) to (f) of sub-sec tion (1) of Section 47. According to Sec tion 48, a Regional Transport Authority may, on an application made under Sec tion 46, grant a stage carriage permit 01 refuse to grant such a permit. Section 64 provides for appeals. Any person aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit may appeal to the prescribed Authority.