REGIONAL TRANSPORT AUTHORITY GAUHATI Vs. GAUHATI TRANSPORT ASSOCN

JUDGEMENT

(1.) In this writ application, the Regional State Transport Authority Gauhati and its Secretary have challenged an order of the State Transport Appellate Tribunal Assam at Gauhati made on 5-2-1982 in Appeal No.49 of 1981 quashing the " additional permit conditions" in respect of the State Carriage permits imposed by the Regional Transport Authority.

(2.) The decision of the Regional Transport Authority Gauhati is as follows:

(3.) The Appellate Tribunal in exercise of its powers under S.64-A of the Motor Vehicles Act, for short the " MV Act", quashed the condition No.1 aforesaid on the ground that if the condition is allowed to sustain, in no circumstances the permit holders will be entitled to keep their vehicle off the road even for a single day without prior permission of the Chairman of the RTA and that it is in flagrant violation of Rule 109 of the Rules framed under the M. V. Act.