MATHAVARAPU ANANTHRAMIAH Vs. VENKAT RATNAM

JUDGEMENT

(1.) THIS is an application under Art. 226 of the constitution for the issue of a writ of Mandamus. The Petitioner Muthavarapu Anantha Ramiah is an inhabitant of Huzurnagar taluq, Nalgonda District, and carries on 26 -45 -1951, opposite party No. 1, P. Venket Ratnam, the Proprietor of Rama Mohan Motor Service, Vijayawada, was granted renewal for one year of his previous permit for plying stage carriages on Suriapet -Jagayyapet route. It is alleged by the Petitioner that the granting of the aforesaid permit is in flagrant violation of the mandatory provisions of Section 57, Motor Vehicles Act. The specific complaint is that the non -adherence to the procedure laid down in the above section has operated to deprive the vested legal right of the Petitioner to take objection to the grant and that the action of the Regional Transport authority in issuing the permit otherwise than in accordance with the procedure prescribed by the section is wholly illegal and without jurisdiction.

(2.) SECTION 57(1) relates to the procedure which had to be followed in granting 'contract carriage permits' or private carrier's permits. It has no application to cases of 'stage carriage permits with which we are now concerned Sub -section (2) of that section deals with the latter but it has to be read with S.47. Representations against the application made by persons for running stage carriage within the state are allowed by S.47 of the Act and under it there are only 3 classes of persons who are given this right:

(3.) ON behalf of the applicant it is said that he had a legal right to raise objection to the grant of stage carrier's permit to the opposite party No. 1 and that this right was denied to him. We have already mentioned that is not correct as he is not one of the person referred to in Section 47.