JOGINDERSINGH CHHATARPUR Vs. STATE TRANSPORT APPELLATE AUTHORITY GWALIOR

JUDGEMENT

(1.) BY this application under Articles 226 and 227 of the Constitution, the petitioner seeks a writ of certiorari for quashing two orders, namely, one, of the Regional Transport Authority, Rewa, dated the 24th June 1962, renewing a stage carriage permit for a single trip on Harpalpur-Kishangarh route held by the respondent No. 3, Sardar Gopal Singh, and the other of the State Transport Appellate Authority, upholding in appeal on 15th April 1964 the afore, said order of the Regional Transport Authority.

(2.) THE petitioner, as also the non-applicant No. 3, had applied for a return-trip permit on the route. THE Regional Transport Authority, Rewa, selected the petitioner for the grant of a return trip permit. But this order of the Regional Transport Authority was modified by the State Transport Appellate Authority in an appeal preferred by Gopalsingh and the Appellate Authority granted a single-trip permit on the route to the petitioner as well as to the non- applicant No. 3. In due course, the petitioner applied for renewal of his single- trip permit, when the non-applicant No. 3 also applied for the renewal of his single-trip permit, the petitioner objected to the renewal and claimed a permit for himself for another single-trip. THE Regional Transport Authority rejected the petitioner's objection to the renewal of the permit held by the non-applicant No. 3. THEreupon the petitioner filed an appeal before the Appellate Authority against the order dated 24th June 1962 of the Regional Transport Authority renewing the non-applicant Gopalsingh's permit, which was rejected.

(3.) IT will be seen from the above provisions that a stage-carriage cannot run without a permit in the form prescribed by Rule 51, and no permit can be issued until the registration mark of the vehicle to which it relates has been entered therein. Again, under section 58 (1) of the Act the period for which a permit is to be effective without renewal has to be specified in the permit. An application for renewal of a permit granted in the form prescribed by rule 51 and containing the prescribed particulars must be made within the time prescribed by the proviso to section 58 (2) of the Act taking the date of expiry of the permit as specified therein. An application for renewal must also be accompanied by Part A of the permit as enjoined by rule 61. The rules referred to above are mandatory and must be treated for all purposes of construction or obligation exactly as if they were in the Act" and have the same effect as if contained in the Act. They cannot be regarded as merely administrative directions.