MOOVA VEERAYYA Vs. THE STATE ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner was one of, 91 applicants before the Regional Transport Authority, Guntur, for the grant of a stage carriage permit on the route Guntur to Repalle and succeeded in obtaining permit from it. The 4th respondent, who was one of the rivals of the petitioner, and 16 others among the unsuccessful applicants appealed against the order of the Regional Transport Authority to the Central Road Traffic Board, Andhra. The Chairman of the Central Road Traffic Board who sat alone heard the appeals, set aside the order in favour of the petitioner and directed the grant of the permit to the 4th respondent. The petitioner along with some other unsuccessful appellants before the Board invoked the, powers of the State Government under Sec. 64-A of the Motor - Vehicles Act. The Government, however, dismissed the applications in revision. The petitioner seeks from this Court the issue of a writ of certiorari quashing the order of the Central Road Traffic Board and that of the Government confirming' it. The 1st respondent is the State of Andhra the 2nd respondent is the Secretary Central Road Traffic Board; and 3rd respondent is the Regional Transport Authority. The 4th respondent is the grantee of the permit by the order of the 2nd respondent.

(2.) Mr. Alladi Kuppuswamy, learned counsel for the petitioner, contended that the order which was passed by the Chairman of the Central Road Traffic Board sitting alone is not valid. In order to appreciate the contention, it is necessary to refer to rule 144 of Madras Motor Vehicles Rules framed by the State Government and to relevant sections of the Act. Rule 144 is to the following effect:

(3.) Section 44 (1) of the Act so far as it is material, runs as follows: