TUKARAM SHABI NAIK Vs. P A REGE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of the India for setting aside the impugned orders dated 20th December, 1977 and 7th May, 1978 passed by the State Transport Authority (respondent No. 2) and the State Transport Appellate Tribunal (respondent No. 1) respectively.

(2.) The short facts leading to this petition are as follows :

(3.) On 1st January, 1976, a Reciprocal Transport Agreement of the nature referred to in the proviso to sub-section (3) of section 63 of the Motor Vehicles Act 1939, was arrived at between the Government of Maharashtra on the one hand and the Government of the Union Territory of Goa, Daman and Diu on the other. This Agreement is referred to hereafter as "the Inter-State Agreement". The purpose of this Inter-State Agreement was, inter alia, to expedite "the economic development of the country by encouraging long distance and Inter-State travel and transport of goods by road". Clause 1(a) of this Inter-State Agreement refers to stage carriages and provide that Inter-State routes for stage carriages shall mean the routes connecting the main nearest traffic points on the either side of the boarder, penetration by passenger transports of either State into the other State being restricted upto the aforesaid traffic point unless otherwise mutually agreed upon in any particular case or cases. Sub-clause (b) provides that permits on Inter-State routes for operation of stage carriages as agreed upon shall be countersigned by the reciprocating States as shown in Appendix I. Clause III provides that the quota or public carriers permits of each State to be countersigned by the other in accordance with the proviso to section 63(3) of the Motor Vehicles Act, shall be 500. Part-D of Appendix 1 pertains to the manner in which trips between the State of Maharashtra and Goa are to be operated on the Bombay-Panaji (viz., via Mahad, Chiplun, Rajapur, Sawantwadi, Mapussa) route. It provides that one return trip on this stage carriage air-conditioned coach from Goa shall be operated by a nominee appointed by the State of Goa, Daman and Diu and corresponding one return trip from Bombay to Goa shall be operated by the nominee appointed by the State of Maharashtra. The Note in part -D Appendix I reads as follows :---