ARBIND KUMAR SINGH Vs. ANSAR MOTOR SERVICE

JUDGEMENT

(1.) The common question involved in these two writ applications is whether an appeal lies under Section 64 of the Motor Vehicles Act, 1939 (Central Act 4 of 1939), (hereinafter called 'the Act') from an order of the Regional Transport Authority made on an application filed under Sub -section (8) of Section 57 of the Act. Hence both the cases have been heard together and are being disposed of by this judgment. C.W.J.C. No, 462 of 1967.

(2.) The facts of this case are that petitioner No. 1 was a holder of a permanent stage carriage permit granted under the Act for the route Nasriganj - Dehri - Sasaram. Petitioner No. 2 also held a permanent stage carriage permit for the route Rohtas - -Sasaram - -Kochas. The first respondent was the holder of a permanent stage carriage permit for the route Sasaram - -Dehri - -Nasriganj - -Kachwa - -Sahar. The said respondent applied before the South Bihar Regional Transport Authority for extension of his existing route from Sasaram to Kochas, The mileage of the extension sought for was about 21 miles. This was an application filed under Sub -section (8) of Section 57 of the Act which says - An application to vary the conditions of any permit, other than a temporary permit, by the inclusion of a new route or routes or a new area or, in the case of a stage carriage permit, by increasing the number of services above the specified maximum, or in the case of a contract carriage permit or a public carrier's permit, by increasing the number of vehicles covered by the permit, shall be treated as an application for the grant of a new permit. Since the application aforesaid was to be treated as an application for the grant of a new permit, it was duly published and objections were invited in accordance with the provision of law contained in Sub -section (3) of Section 57 applicable to an application for the grant of a new permit. Petitioner No. 1 objected to the extension asked for by the first respondent. The South Bihar Regional Transport Authority, the fourth respondent, by its order dated 2 -9 -1966 rejected the application of the first respondent. Against the said order of the Regional Transport Authority respondent No. 1 filed an appeal under Section 64 of the Act. The Appeal Board, respondent No. 3, by its order dated 21 -1 -1967 dismissed the appeal. A copy of the order of the Appeal Board is annexure 'A' to the writ application. Respondent No. 1 filed an application under Section 64 -A of the Act, as it stands under the Bihar amendment of the statute. The Minister incharge of the transport Department of the Government of Bihar by his order dated 9 -6 -1967 partly allowed the application under revision filed under Section 64 -A of the Bihar. Act and temporarily granted the extension asked for by the first respondent. A copy of the Minister's order is annexure 'B' to the writ application.

(3.) In this case two points have been urged by Mr. Amala Kant Choudhury in support of this application: (i) that no appeal lay under Section 64 of the Act to the Appellate Authority from an order of rejection of the application filed by the first respondent under Section 57(8) of the Act and hence no revision under Section 64 -A of the Bihar Act was competent; and (ii) that in any view of the matter, the Minister had no jurisdiction to allow a temporary extension or a temporary variation of the conditions of the permit in exercise of his revisional powers under Section 64 -A of the Bihar Act.