BHAN SINGH Vs. REGIONAL TRANSPORT AUTHORITY AND ORS.

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 Sec. 64 of the Motor Vehicles Act so that we are not concerned with the other clauses of Sec. 64.

(3.) It appears to us that so far as Clause (b) of Sec. 04 is concerned it specifically provides for appeals against orders made under Sec. 57 (8). Sec. 57 (8) deals with an application to vary the conditions of any permit by the inclusion of a new route or routes or a new area or, in the case of a stage carriage permit, by increasing the number of services above the specified maximum, or in the case of a contract carriage permit or a public carrier's permit, by increasing the number of vehicles covered by the permit. When such an application is dealt with the Regional Transport Authority can only make two kinds of orders; one can be an order varying the conditions and the other would be an order refusing to vary the conditions.