HIRA LAL TOOFANI Vs. STATE TRANSPORT AUTHORITY BIHAR

JUDGEMENT

(1.) In this writ application the petitioner has prayed for issuance of a writ of certiorari for quashing the orders dated 26th, 27th and 28th Aug. 1982 as contained in Annexure-3 to the writ application, whereby and whereunder the State Transport Authority, Bihar granted permits for the route of Baikunthpur to Ranchi in favour of the respondent Nos. 2 to 5 as also for a writ of or in the nature of mandamus directing the State Government to comply with the provisions of S.47(1-A) and (1-B) of the Motor Vehicles Act 1939 by making provisions of reservation of permits for the members of Scheduled- Caste and Scheduled Tribe. The petitioner allegedly is a member of the Scheduled Caste being belonging to the Chamar Community.

(2.) In this writ application this Court is not concerned with the other provisions of the Motor Vehicles Act except Chapter IV thereof. Section 48 of the Motor Vehicles Act enables a Regional Transport Authority to grant stage carriage permit on an application made to it under S.46, the consideration for grant of permit, however, would be subject to the provisions contained in S.47 of the Motor Vehicles Act. Proviso to the aforementioned S.48 provides that no such permit shall be granted in respect of any rule or area not specified in the application. Sub-Sec. 3 of S.48 provides for conditions, which were to be attached to every permit granted under the said Act. Section 47 of the said Act provides for procedure. which are to be followed in the matter of consideration for grant of such carriage permit.

(3.) By reason of the Act No. 47 of 1978 the Parliament amended the said provision by inserting various Sub-Sections thereto which are as follows :-