J RAMAMURTHY NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Writ Appeal No. 54 of 1960 and Writ Petition No. 994 of 1958 raise a common question relating to the interpretation of Section 44(2) of the Motor Vehicles Act and could therefore be disposed of by one judgment. For an appraisal of the contentions arising in these matters, it is sufficient to state a few material facts in Writ Appeal No. 54 of 1960.

(2.) The Regional Transport Authority, Nellore suspended the permit of the stage Carriage ADC No. 722 plying on the route Netlore to Tirupathi for a period of six months for a contravention of one of the conditions of the permit viz., overloading of the vehicle, after hearing the objections of the operator. An appeal was carried to the State Transport Authority with no success. The dispute was then taken in revision to the State Government by the aggrieved permit holder. That revision petition did not bear any fruit.

(3.) The operator then approached this Court for the issue of a Writ of Certiorari under Article 226 of the Constitution contending that the proviso to Rule 148 (b) of the Rules framed by the State Government in exercise of their rule-making power under Section 68 was ultra vires. This submission found acceptance with this Court with the result that the order of the Government rejecting the revision of the appellant was quashed with a remark that it was open to the Government to consider afresh the revision petition in the light of the remarks made in the judgment of the High Court.