K PRAKASHAM Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) This is a petition for quashing the order of the 1st respondent in Memo No. 4291/A1/81 dated 19-12-1981 relating to the rejection of the petitioners application for the grant of temporary permit on the route Srikakulam to Budhithi viz Narasannapeta by issue of a writ of Certiorari or any other appropriate writ, order or direction after calling for the concerned records.

(2.) The essential facts may be stated: The petitioner is the owner of idle stage carriage bearing No. A. D. P. 1683 and has been plying the said vehicle as and when temporary permits are granted. The petitioner applied for a permit for the route Srikakulam to Budhithi via Narasannapeta and pending the consideration of the permit an application for grant of a temporary permit was also made and the same was granted from 14-8-1981 to 13-12-1981. As the temporary permit expired on 13-12-1981, another application for temporary permit was filed pending the grant of pucca permit. The temporary permit was applied for a period of four months from 19-12-1981 but the respondent rejected the temporary permit on the ground that 1st proviso to S. 62 (1) of the Motor Vehicles Act prohibits the grant of temporary permit pending the consideration of the grant of pucca permit. As the necessity for providing transport facilities on the route is felt and as the finalisation of grant of pucca permit is not yet done the temporary permit for the second time should have been granted by the respondents under S. 62(c) of the Act.

(3.) One G. Govindarajulu who impleaded himself as a party respondent to this writ petition stated that he has been plying two stage carriages A. P. S. 1681 and A. P. P. 6715 on the route Srimukhalingam to Srikakulam via Budithi. Narasannapeta since a long time. The route granted to the petitioner covers a major portion of this new route and there are adequate facilities for the travelling public on this route and the grant of a temporary permit is contrary to the provisions of S. 62 of the Act. The Secretary, Regional Transport Authority invited applications for the grant of one pucca stage carriage permit on the route in question fixing 10-9-1981 as the last date for receipt of the applications. As many as 40 applicants including the writ petitioner filed applications within the prescribed time and they were notified under S. 57 (3) on 9-12-1981. The last date for filing representations was 5-1-1982. The applications for grant of a pucca permit will be considered on or after 20-1-1982 by the Regional Transport Authority. It is further stated that the refusal to grant temporary permit by Regional Transport Authority is correct during the pendency of application for pucca permit and the failure to avail the alternate remedy under S. 64 of the Motor Vehicles Act is fatal to the writ petition.