RATANLAL SURJANLAL AGRAWAL Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) THESE two Writ Petitions pertain to the grant of a stage carriage permit on the route Tikamgarh-Gwalior, via Niwari, Jhansi and Dabra, which is an interstate route, and they are disposed of by a common order.

(2.) THE events leading to the present controversy may be shortly stated: by a reciprocal agreement between the State Governments of Madhya pradesh and Uttarpradesh, under section 43 (1) (iv) of the Motor Vehicles Act, 1939 (hereinafter referred to as the "act"), (he State of Madhya Pradesh was allocated amongst others, the route Tikamgarh-Gwalior, via Niwari, Jhansi and dabra for the grant of 2 single trips daily. The interstatal route in question admittedly passes through two regions i. e. , those of the Regional Transport authority, Gwalior and the Regional Transport Authority, Rewa (hereinafter referred to as the"rta" ). There were applications received by both the R T As for grant of the permit. Thus, the petitioner Ratanlal had applied before the rta,gwalior, while, the other petitioner Shersingh to the RTA,rewa.

(3.) THE State Transport Authority, Madhya Pradesh (hereinafter referred to as the"sta"), purporting to exercise its powers under section 44 (3) (a) of the Act, directed that the applications for permit on this route, though received by both the authorities, should be decided only by the RTA,gwalior. In view of that direction, the RTA,rewa, sent all the applications received by it for grant of permits on this route, including the one of the petitioner Shersingh,to the RTA,gwalior. The RTA,gwalior, however, returned the applications, back to the RTA,rewa, on the ground that application submitted to one authority cannot be transferred to another authority.