ANIL KUMAR PANDA Vs. STATE

JUDGEMENT

(1.) The question involved in this appeal is with regard to the fixation of time-table after the permit had been granted long back. In order to appreciate the dispute that arose in this case, it is necessary to look into the provisions of the Motor Vehicles Act and the rules framed thereunder. Section 72 of the Motor Vehicles Act, 1988 (referred to as the "said Act"), provides the power of the authority to grant stage carriage permits. Sub-section (2) provides that the Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely :-

(2.) Clause (xxii) of sub-sec. (2) of S. 72 of the said Act provides the power of the Transport Authority to vary the conditions of the permit and that it can only be done after giving notice of not less than one month and by giving notice of one month, the transport authority may vary the conditions of the permit or attach to the permit further conditions.

(3.) So far as the provisions of the said Act is concerned there is no other provision for fixation or alteration of time-tables.