BHAN SINGH Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE question referred for our opinion by the learned single Judge is:

(2.) WE have heard learned counsel for the parties and have also gone through the judgment of Hon'ble R. S. Pathak, J. which has occasioned this reference in this case. Before us as well as before Hon'ble R. S. Pathak, J. the suggestion made was limited to Clauses (a) and (b) of Section 64 of the Motor Vehicles Act so that we are not concerned with the other clauses of section 64.

(3.) AS regards Clause (a) of Section 64, we are of the opinion that its provisions cannot apply to an order made on an application under Section 57 (8). An application under Section 57 (8) is limited to the purpose of applying for variation of the conditions of a permit. The reference in Section 64 (a) is to a condition attached to a permit granted to a person. Clearly under Section 57 (8) conditions are not attached to a permit. They are attached at an earlier stage when the permit is issued or granted. Under Section 57 (8), the applications are, limited to seeking orders for variation of conditions of a permit and the specific provision for appeal, when there is a variation of conditions of a permit under Clause (b) of Section 64, precludes the interpretation that any such variation can be treated as a condition attached to a permit for the purpose of Clause (a) of section 64. We are also in agreement with Hon'ble R. S. Pathak, J. that an application for varying the conditions of a permit under Section 57 (8) cannot be deemed to be an application for the grant of a permit. All that that provision of law lays down is that, the application be treated as an application for grant of a new permit which means that in dealing with that application the Regional Transport Authority is to deal with it in the same manner and according to the same procedure which would be applicable to an application for grant of a new permit. The language does not convert an application for varying conditions of a permit into an application for grant of a new permit.