HARICHAND SHARMA Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India asking for quashing of the appellate order passed under Section 64 of the Motor vehicles Act. 1939 (hereinafter referred to as the Act) by the opposite party No. 3.

(2.) THE petitioner is the grantee of a permanent stage carriage permit from the state Transport Authority on the Bargarh to Rampur via Barpali route. The two destinations are admittedly situate in two different places --Bargarh being in the district of Sambalpur and Rampur within the district of Bolangir. The opposite party No. 2 obtained a stage carriage permit on the route Baragarh to Rampur via sikirda from the Regional Transport Authority of Sambalpur. This permit was extended upto Binka and was valid upto 26-12-1971. The opposite party No. 2 made an applicantion for renewal of the permit before the Regional Transport authority, Sambalpur (opposite party No. 1) as provided for under Section 58 of the Act. This application was made on 25-9-1971, The petitioner made a representation under Section 57 of the Act against the grant of the renewal. He contended that the application for renewal was barred by limitation, the Regional transport Authority had no jurisdiction to grant the permit and the application was not in accordance with law. On 13-12-1971, renewal was granted by the Regional transport Authority for a term of five years subject to the concurrence of the regional Transport Authority. Bolangir. The petitioner carried an appeal before the opposite party No. 3 in M. V. Appeal No. 1 of 1972. The appellate authority by its decision dated 10th of April, 1972, dismissed the appeal. This application in certiorari is directed against the said appellate order.

(3.) IN paragraph 33 of the impugned appellate judgment, 8 points were formulated for determination. In view of the contentions raised before us, it would be necessary to refer to points 1. 2. 3 and 7 thereof, which for convenience are extracted below: