HIRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) -The Division Bench while admitting CWJC No.3248 of 1988 doubted the decision in the case, Baldeo Chaudhary v. The State of Bihar and other (AIR 1986 Patna 84), wherein 73 73 it was held that the exemption of 40 kilometres allowed on the nationalised routes by virtue of notification No. S.O. 825 dated 10.6.1981 would not apply in the cases of grant of fresh permits and referred it for fresh consideration by a larger Bench. CWJC No. 756 of 1989 was admitted and the same was also ordered to be heard along with the above mentioned writ applications have been placed for hearing before this Bench.

(2.) The petitioners were granted permits to ply their buses by the competent authority, taking into account the above-mentioned notification dated 10.6.1981. The Bihar State Road Transport Corporation, the respondent, filed appeals against the said order before the State Transport Appellate Tribunal which were allowed. The petitioners have preferred these writ applications against the order of the State Transport Appellate Tribunal and challenged the order on various grounds, including the ground that the findings of the Appellate Tribunal that the relaxation of 40 km. vide the notification dated 10.6.1981, would not be applicable in the cases of grant of fresh permits, is illegal. However these writ application have been referred for hearing by a Full Bench for a decision on the limited point as to whether decision in Baldeo Choudhary's case (supra) has correctly laid down the law, that the relaxation of 40 kms. on nationalised routes would not be applicable to the cases of grant of fresh permits. Thus, the question that falls for our determination is confined to this much that whether the relaxation of 40 kms. allowed by notification No. S.O. 825 dated 10.6.1981 would apply only to the existing private operators or to the cases of grant of fresh permits also.

(3.) For answering the question involved in the case it is necessary to look into the relevant provision of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act of 1939). Chapter IV-A of the Act, 1939, deals with the special provisions relating to State Transport undertakings. Sec. 68-A contains definition and it says that "State Transport undertakings" means any undertaking providing road transport service, where such undertaking is carried on by any Road Transport Corporation established under Sec. 3 of the Road Transport Corporation Act, 1950". The Bihar State Road Transport Corporation, the respondent is a body established under said enactment. Sec. 68-B says that Chapter IV-A will override Chapter IV and other laws. Sec. 68-C thereof is very much relevant in this case which provides preparation and publication of Scheme of road transport service of a State Transport undertaking and reads thus: