DHANNA SINGH Vs. STATE TRANSPORT APPELLATE TRIBUNAL GWALIOR

JUDGEMENT

(1.) A Division Bench of this Court presided over by Bishambhar Dayal. C. J. and S. M. N. Raina, J. has referred the following question to a larger Bench: "which is the material date for commencement of limitation under Rule 80 of the United State of Gwalior, Indore and Malwa (Madhya Bharat)Motor Vehicles Rules, 1949 (Samvat 20061 in the case of an objector to whom Section 5t (7) of the Motor Vehicles Act, 1939 is not applicable?"

(2.) RULE 80 of the United State of Gwalior, Indore and Malwa (Madhya Bharat)Motor Vehicles Rules. 1949 (Samvat 2006 ). is as follows:--

(3.) THE present reference arises on the following facts. The present petitioner. Dhannasingh, without any applications being invited applied on 11-9-1968 for a stage carriage permit on the route Gwalior to Bhander via Dabra, Datia-Unnao, which consisted of 57 miles of Pucca route and 14 miles of Kutcha route. His application was kept pending for investigation of scope on the route. It was found that there was scope, but the route prescribed was Bhander-Gwalior via bahadurpur. Datia-Dabra and consequently, applications were invited for that route by advertisements published on 23-5-1969. In all 36 applications were received. The petitioner Dhannasingh's application was kept pending. Dhannasingh filed a Writ petition in the High Court as nq action was being taken on his application. His application along with other 36 applications was, however, published in the Madhya Pra-desh Rajpatra, dated 22-8-1969. and they were put 1969. At that time it was discovered that the application of Dhannasingh was for a different route, namely, Gwalior-Bhander via Dabra. Datia and Unnao. It was different from the route Bhander-Gwalior via Bahadurpur. Datia end Dabra. It was decided that Dhannasingh's application should be separately dealt with. The Writ petition filed by Dhannasingh in the High Court was withdrawn by him as his application was being dealt with by the Regional Transport Authority. His application was con- sidered by the authority on 15-11-1969. Two other persons, namely, Sardoolsingh and Gurdayalsingh had also made applications on 20-91969, which were within one month from the date of publication dated 22-8-1969. Dharamsingh (respondent No. 3) was an objector in those proceedings. It was suggested that the Regional Transport Authority should consider the application of dhannasingh alone, but by order dated 26-12-1969 the authority held that dhannasingh's application would be considered along with other applications or objections that were filed within time from the date of publication of the notice.