P RAMALASHMAMMA Vs. STATE

JUDGEMENT

(1.) The husband of the appellant applied for the grant for a stage carriage permit on the route Proddatur to Kandimallayalapalli. Before the application came up for adjudiction, the applicant died. On his death, the appellant applied to the Regional Transport Authority, Cuddapah, to substitute her as the applicant, in the place of her deceased husband. The Regional Transport Authority, however, was not prepared to treat her as an applicant in the place of her deceased husband. She, therefore, filed W. P. No. 1729 of 1967 in this court, for the issuance of a writ of prohibition, directing the authorities not to process further in pursuance of the notice dated 5-8-1967 proposing to consider the route in question.

(2.) Our learned brother, Chinnappa Reddy J., held, following the view taken by Gopal rao Ekbote J., in W. P. No. 763 of 1965 (Andh. Pra.) that the appellant, as the legal representative of her deceased husband (applicant, cannot bring herself on record to pursue the application for a stage carriage permit. This writ appeal is preferred against that decision.

(3.) To contend that a right accrues to the applicant on application for a stage carriage permit and such a right devolves on the legal heirs, on the death of the applicant, reliance is placed upon Secs. 59 and 61 of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act). both of them however, relate only to permits and not to applications. Section 59(1) previous that a permit is not transferable, except with the permission of the Transport Authority. Section 61(1) deals with transfer of a permit on the death of its holder and says that when a holder dies, the person succeeding to the possession of the vehicles covered by the permit, may, for a period of three months, use the permit, as if it has been granted to himself. But, that is permissible only if such person informs the Transport Authority. Within 30 days of the death of the holder and of his intention to use the permit. Sub-section 920 of section 61 further provides that the Transport Authority, on the application made in this behalf, within 3 months of the death of the holder of a permit, may transfer it to the person succeeding to the possession of the vehicle covered by the permit. Thus, the permit is transferable from one person to another, when the holder of the permit is alive under Section 59 and is transferable, on his death, to the person succeeding to the possession of the vehicles covered by the permit under Section 61, only on the permission of the Transport Authority. But, these provisions elate only to permits and do not refer or relate to applications for such permits, which are pending before the Transport Authority. It is not, therefore, possible to derive any assistance from these provisions in deciding the question, whether in a pending application for a stage carriage permit, the legal representative can be brought on record when the applicant dies.