B VEERASWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) . The following question has been referred to the Full Bench: "Whether the State Government can authorise the Regional Transport Officer to exercise the powers and discharge the functions of the State Transport Authority under Sections 48-A, 51-A and 56-A of the Motor Vehicles Act?

(2.) The factes relevant for the consideration of the question may he stated: Respondents 3 and 4 are holders of two stage carriage permits on the route Gujjanagundla to Old Guntur via Stall Girls School. By their applications, dated 5/05/1956, they applied to the Regional Transport Officer, Guntur for variation of the route by extending it to Nambur Railway Station. In his proceedings, dated 22/08/1956, the Regional Transport Officer refused the applications of respondents 3 and 4 to extend the route. The two operators thereupon preferred revision petitions to the Government of Andhra. By their order dated 24/10/1956, the Government set aside the order of the Regional Transport Officer and directed him to grant the extension of the route. The propriety of the Government Order is the subject-matter of these Petitions, filed under Article 226 of the Constitution.

(3.) . About two decades ago, in the year 1939, the Central Legislature enacted the Motor Vehicles Act (IV of 1939) (hereinafter referred to as the Principal Act). Since then the Central as well as the State Legislatures have made extensive amendments to the Act. The Act was amended by the Madras Legislature in its application to the Madras State by several Amendment Acts. For the purposes of this reference, it is sufficient to notice the amendments made by the Motor Vehicles (Madras) Amendment) Act (XX of 1948), which may hereinafter be referred to as the Amendment Act.