M RAMAKRISHNA MUDALIAR Vs. REGIONAL TRANSPORT AUTHORITY CHITTOOR

JUDGEMENT

(1.) The point which arises for consideration in these two writ petitions is whether it is open to the Regional Transport Authority, having once agreed to recover compounding fee under section 60 (3) of the Motor Vehicles Act, to invoke the provisions of sub-section (I) of section 60 and suspend or cancel the permit on the ground that the compounding fee has not been paid within the prescribed time.. This incidentally involves the further question whether the condition in the compounding notice issued in Form CN, namely, if payment is not made and the treasury receipt produced within the time stipulated action will be taken to suspend or cancel the permit is invalid being ultra vires of the rule-making power. The petitioner in W.P. No. 970 of 1962 represented by Srimathi Amareswari, is a motor transport operator plying stage carriages in Chittoor District. The Regional Transport Authority, Chittoor, in his order R. No. 2O272/A2/61, dated nth April, 1962, levied a compounding fee of Rs. 400 to be paid by the petitioner within one month from the date of the receipt of the order, having passed the order in the following terms :

(2.) As the petitioner was unable to pay the amount within the prescribed time, the Regional Transport Authority, Chittoor, issued a notice to the petitioner, dated 25th October, 1962 proposing to take action under section 60 (I) of the Motor Vehicles Act (hereinafter referred to as the Act) for cancellation or suspension of the permit in respect of the offence of overloading. The petitioner immediately filed the Writ Petition (970 of 1962) for the issue of an order in the nature of a writ of prohibition restraining the Regional Transport Authority, Chittoor, from proceeding with the enquiry contemplated in the order dated 15th October, 1962 on the ground that the Authority had no jurisdiction to hold the enquiry and the only remedy open to the Authority is to recover the compounding fee fixed under the previous proceeding. The petitioner In W. P. No. 1094 of 1962 represented by Sri Gollamudi Suryanarayana is a firm carrying on motor transport business plying stage carriages as well as goods vehicles in Cuddapah District. The Regional Transport Authority, Cuddapah, passed a resolution in its meeting held on 1nd January, 1961 to the following effect : " Motor Vehicles-Goods Vehicles-APD 363-Action under section 60-For the following offences-Consideration of Offences : Carried excess load........................ Party heard, offence admitted. Offence compounded for Rs. 300 for which the party agreed. Issue notice. (Sd) .................. Collector & Chairman/Regional Transport Authority, Cuddapah. In pursuance of the direction contained in the said resolution notice in Form CN that is the compounding notice, was issued to the petitioner, stating as follows:-

(3.) Due to some disputes between the partners of the petitioner-firm, the compounding fee was not paid in pursuance of the notice. Hence the Regional Transport Authority, Cuddapah, passed a resolution, dated 9th November, 1961 as follows :-