A JANARDHANA RAO Vs. DEPUTY TRANSPORT COMMISSIONER KAKINADA

JUDGEMENT

(1.) THE petitioner seeks a writ of prohibition to prevent the Deputy Transport Commissioner, Kakinada from proceeding with an appeal filed before him by the 3rd respondent. THE petitioner is the holder of a stage carriage permit for the route Sompeta-Srikakulam. THE 3rd respondent has a permit to ply a stage carriage from Jagati to Tekkali Via Sompeta. A stretch of miles is common to both these routes. THE petitioner applied to the Regional Transport Authority, Srikakulam, for variation of the timings prescribed for the plying of his bus. That was allowed, in spite of the objections raised by the 3rd respondent. THE 3rd respondent thereupon moved the Deputy Transport Commissioner, Kakinada, in appeal. This appeal was entertained and an interim order suspending the operation of the order of the Regional Transport Authority was passed. THE petitioners case is that no appeal lies under S. 64 of the Motor Vehicles Act (herein-after referred to as the Act) against the order passed by the Regional Transport Authority in the instant case. THE Deputy Transport Commissioner had therefore no authority or jurisdiction to entertain the appeal. He has, therefore, to be prohibited from proceeding with it. THEse contentions are countered by the learned counsel for the 3rd respondent on the ground that the appeal is competent under S. 64 (b) or 64 (f) of the Act. This is the main controversy between the opposing parties in this writ petition. (2) Section 64 (b) of the Act gives a right of appeal to a person