ARBIND KUMAR SINGH Vs. NAND KISHORE PRASAD

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for quashing an order in revision under Section 64-A of the Motor Vehicles Act (Bihar Amendment) Act, 1949, passed by the Minister in charge of the Transport Department of the Government of Bihar on the 18th April, 1966. The learned Minister set aside the order passed by the Chairman, Appeal Board, dated the 8th April, 1965, and restored the order, dated the 20th February, 1965, passed by the Chairman, South Bihar Regional Transport Authority.

(2.) The petitioner and some other persons applied to the South Regional Transport Authority for grant of a permanent stage carrier permit on the route Dehri-Bhabua. That Authority, in its resolution No. 23, dated the 15/16th January. 1965, decided to grant the permit to the petitioner "on production of all valid documents of 1964 model bus along with clearance certificate of transport tax within one month from the date of the order, failing which the sanction of permit in his favour would stand automatically revoked, and the permit will then be given to the next deserving candidate Sri Nand Kishore Prasad" (respondent No. 1). On the 17th February, 1965, respondent No. 1 filed a petition before the Chairman, S. B., R. T. A alleging that the petitioner had not fulfilled the aforesaid conditions. The Chairman, by his order dated the 20th February, 1965, upheld this objection, holding that the petitioner did not produce certificate of clearance from the Commercial Taxes Department, and the mere filing of chalans in proof of payment would not suffice. He observed in his order (Annexure D/1) that all demands up-to-date ought to have been paid in their entirety. He, therefore, ordered that the permit granted to the petitioner stood automatically revoked, and that the permit should be given to the next nominee, viz., respondent No. 1. Shri Nand Kishore Prasad.

(3.) Against this order, the petitioner preferred an appeal before the Appeal Board. That Board, by its order dated the 6th April, 1965 (Annexure E), held that the clearance certificate produced by the petitioner, dated the 17th February, 1965, was sufficient to show that all dues up to that date had been paid, and that the further instalments of tax fixed by the Tax Department in the nature of advance payment in respect of instalments due after the date of the passing of the order dated the 15/16th January, 1965, by the S B. R. T A. Hence, he reversed the order of the Chairman. F B. R. T. A.