GANDHI TRAVELS Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner holds a regular stage carriage permit on route Sidhi-Amiliya via Churhat. A part of the route is covered by a scheme proposed under section 63 of the Motor Vehicles Act, 1939. The respondent No. 2, Rajbahore Patel filed an application for grant of temporary permit on this route. It was granted by the Regional Transport Authority. That permit expired on 6-7-1989. It appears that thereafter the respondent No. 2 applied for grant of another temporary permit. The petitioner objected to this. However, by order dated 5-7-1989, the Secretary, Regional Transport Authority granted the temporary permit for one month. The permit is Annexure-C. The petitioner's objections were overlooked. The petitioner has challenged this grant of temporary permit to the respondent No. 2. Ordinarily, the petitioner would have filed an appeal/revision to the State Transport Appellate Tribunal. It, however, came directly to this Court raising a question as to the competence of the Authority to grant the permit after the coming into force of the Motor Vehicles Act, 1988 with effect from 1-7-1989. This Court, therefore, entertained this petition despite there being the alternative remedy of approaching the State Transport Appellate Tribunal.

(2.) THE petitioner's contention has been that the appointment of Regional Transport Authority under 1939 Act (hereinafter called the old Act) is not saved and, therefore, the application by the respondent No. 2 for grant of permit could not be entertained unless the Authority is appointed under 1988 Act (the new Act ). To appreciate this contention, certain provisions of both the Acts be noticed. Transport Authorities were constituted in the State by force of section 44 of the old Act. Sub-section (2) of section 44 prescribed that a State Transport Authority or a Regional Transport Authority shall consist of a chairman who has had judicial experience and in the case of a State Transport Authority, such other officials and non-officials, not being less than two, and, in the case of a Regional Transport Authority, such other persons (whether official or not), not being less than two as the State Government may think to appoint. . . . . . . . . . . . The second proviso to that sub-section was as follows:

(3.) SECTION 217 (1) repeals any corresponding Act in force in any State immediately before the commencement of the new Act in that State. Sub-section (2) of section 217 is as follows: