ABDUL MAJEED Vs. REGIONAL TRANSPORT AUTHORITY JHANSI

JUDGEMENT

(1.) RESPON dent No. 2 is a resident of the State of Madhva Pradesh. He held a stage car riage permit for the Jhansi-Mahoba route. In due course he applied for its renewal to the Regional Transport Authority, Gwalior, Madhya Pradesh. The appel lants, who are operators on this route or a portion thereof, filed objections. The Regional Transport Authoritv however dismissed the objections and granted the renewal. In due course, respondent No. 2 applied and obtained counter-signature from the Regional Transport Authority Jhansi, because though a Part of the route in question lay in Madhva Pradesh but both its termini were situate within U. P. The appellants challenged the action of the Regional Transport Autho ritv Jhansi in countersigning the per mit, by instituting a writ petition in this Court. The learned single Judge dis missed the petition. Hence the present appeal.

(2.) FOR the appellants it was urped that neither the Regional Transport Offi cer, Gwalior had jurisdiction to grant the renewal of the permit over this route, nor the Regional Transport Autho rity, Jhansi had jurisdiction to counter sign it, because the Mahoba-Jhansi route in question lay entirely within the State of U. P. because both of its termini were situate in U. P. although a small portion of the route ran across into the State of Madhva Pradesh. It was nevertheless a route which fell within the region in the State of U. P.

(3.) SECTION 46 of the Act provides for various matters which an application for r>ermit is to contain, one such matter beina the route or routes or the area or areas to which the application relates. Under Section 48 the Regional Transport Authority has been empowered to grant a stage carriage permit on an application made to it under Section 46. Reading these various provisions it appears that the Regional Transport Authoritv to which an application for a permit can lawfully be made has -jurisdiction to grant a permit on it.