S MAHBUB KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The point raised in this appeal against the Judgment of our learned brother, Satynanarayana Raju,J. in W. P. No. 398 of 1960 is whether section 64-A of the Motor Vehicles Act, 1939, as amended by the Madras Act (XX of 1948) (hereinafter called the earlier section for the sake of convenience) stands repealed by the Motor Vehicles Act, 1939 as amended by the Central Act (C of 1956) (referred to as the later section).

(2.) Before we discuss this question, it is necessary to state a few material facts. On a representation made by the second respondent, the Regional Transport Authority, Nellore, gave a schedule of timings to be applicable to the stage carriages plying on the route Nellore to Madras. This was revised by the State Transport Authority, at the instance of the appellant. The aggrieved second respondent carried a revision to the Government and the Government, in exercise of its powers under the earlier section, passed an order in favour of the second respondent revising the order of the State Transport Authority.

(3.) In a petition under Article 226 of the Constitution by the appellant to quash the order of the Government, it was urged before our learned brother that the Government no longer possessed the powers of revision as the earlier section (section 64-A) stood repealed by virtue of the later section. This contention did not prevail with our learned brother with the result that he dismissed the writ petit ion. It was his view that the earlier section was not abrogated by the later section. In support of this conclusion, he relied upon a number of decisions. It is this judgment of the learned Judge that is brought under appeal now.