LOKANATH MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE are petitions under Article 226 of the Constitution by persons who were plying stage carriage vehicles (buses) for hire alongcertain routes in Ganjam district & whose permits have been cancelled with effect from 1 -1 -1951 in consequence of notification No. 35613 S. T. dated 21 -9 -1950 read with erratum No. 363669 S. T. dated 27 -9 -1950 issued by the State Govt. under Section 5, Orissa Motor Vehicles (Regulation of Stage Carriage & Public Carrier's Services) Act, 1947 Orissa Act XXXVI (36) of 1947.

(2.) SRI Lokanath Misra the petitioner in M. J. C. No. 194 of 1950 is the owner of two buses Nos. O. R. G. 399 and 380. He was granted a permit No. 49/1 for three years from 21 -4 -1949 to 21 -4 -1952 for plying O. R. G. 380 over Odogan -Aska route in Ganjam district. He was granted another permit No. 39/1 in respect of O. R. G. 380 for a period of one year expiring on 19 -11 -1948 over Chirrikipada -Chatrapur route in the same district. But sometime in May 1948 that permit was validated for another vehicle bearing No. O. R. G. 399 & the route was extended to Berhampur & the duration of the permits was also extended to 30 -10 -1950. After the expiry of that permit in October 1950 he applied for its renewal but renewal was not granted though he was allowed to ply the bus over that route till 31 -12 -1950.

(3.) THESE permits were granted by the Regional Transport Authority under the provisions of the Motor Vehicles Act. 1939 (hereinafter referred to as the principal Act) & they would ordinarily have remained valid for the period for which they were issued but for the notification No. 35613 S. T. dated 21 -8 -1950 issued under Section 5, Orissa Motor Vehicles (Regulation of Stage Carriage & Public Carrier's Services) Act, 1947 (Orissa Act XXXVI (36) of 1947) (hereinafter referred to as the Subsidiary Act). The main contention of the learned counsel for the petitioners is that the subsidiary Act is ultra vires the Constitution & consequently the notification issued thereunder is inoperative & cannot have the effect of cancelling the permits valid -ly granted under the principal Act.