MOHAMMAD RAFIQ AKHTARBHAI Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner carries on the business of plying a motor cab as a self driver on the strength of the permit P. Co. P. No. 4/83 granted to him by the R. T. A. , Indore Region, Indore for the districts of Indore, Khandwa, khargone, Dhar, Jhabua, Dewas, Ratlam, Mandsaur and Ujjain. The permit having expired, the petitioner applied for the renewal of the permit before the R. T. A. , Indore. The learned R. T. A. vide Annexure 'f dated 4-3-1987 renewed the permit of the petitioner's vehicle for a period of three years. As such, the validity of the permit was extended upto 3-3-1990. The Secretary, r. T. A. , however, refused to issue the renewed permit to the petitioner on the ground that the S. T. A. has resolved that henceforth no vehicle shall be registered as taxi cab, which is matador for 6 + 1 passengers but it should be registered as a motor vehicle with the capacity of 12 + 1. In view of the resolution of the STA being binding on him, he did not issue the renewed permit to the petitioner. Hence the petitioner has filed this petition.

(2.) SHRI D. D. Vyas, Government Advocate argues that after the order of the renewal of the permit, the Secretary felt a difficulty in issuing the same and, therefore, he again referred the matter to the RTA, who passed an order that the vehicle be got verified but there is no order cancelling the earlier order of renewal. Therefore, in view of the resolution of the STA, the permit was not issued.

(3.) IN our opinion, the order impugned passed by the Secretary, RTA (Annexure J) whereby he refuses to issue the permit is illegal. The Secretary, rta after the renewal of the permit by the RTA has just to perform the ministerial act of issuing the permit. He has got no independent power to adjudicate upon the decision taken by the RTA. He has also got no jurisdiction to withhold the issuance of the permit in pursuance of the order passed by the RTA. In the matter of issuance of the permit, he acts as secretary to the RTA and not as an Executive Officer of the Transport department. As such, the RTO acts in two different capacities - one is that of the RTO and the other is that of Secretary, RTA. Undisputedly in the matter of grant of issuance of permit, -the RTA is a quasi-judicial authority and if one is aggrieved against the order of the RTA, he has to file a revision or appeal before the STAT which has been constituted under section 64-A of the Motor Vehicles Act. Therefore the order of the learned Secretary refusing renewal is manifestly erroneous and violative of the provisions of law. As regards the resolution of the STA, this matter can always be considered at the time of the renewal by the RTA but once a renewal having been granted, the Secretary, RTA cannot refuse to issue the renewal slip.