MOHAMMAD YAKUB Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) This appeal is filed against the order dated 21.02.2013 passed by the learned Single Judge of this Court in Writ Petition No.979/2013.

(2.) At the outset, it has not been disputed by the learned counsel for the appellants / writ petitioners that the order impugned in writ petition regarding grant of temporary permit for the route Rampura to Ujjain and the temporary permit granted in pursuance of the said grant have been set aside by the writ Court with an observation that in case fresh temporary permit is granted by the Secretary to the Regional Transport Authority (for short, RTA), the same Authority who is granting a temporary permit shall decide the objections of the objectors, while passing the order in the matter of grant of temporary permit. According to him, he is satisfied with the said part of the order.

(3.) However, subsisting grievance of the appellants is that the writ Court, while disposing of the writ petition, has upheld the notification dated 17.10.1994 delegating powers to the Secretary holding it to be in consonance with the statutory powers contained in Section 68 of the Motor Vehicles Act, 1988 (for short, the MV Act, 1988) and Rule 67 of the Madhya Pradesh Motor Vehicles Rules, 1994 (for short, the Rules of 1994). He submits that this finding is contrary to the provisions of law. As according to him, delegation of powers by the RTA vide order dated 17.10.1994 is contrary to the provisions of the MV Act, 1988 and the Rules of 1994.