LALLAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER is aggrieved by order dated 20-2-2009, as contained in annexure-13, by which the Commissioner, patna Division, acting as the Chairman of the Regional Transport Authority, has conquered with the notes of the Secretary of the regional Transport Authority and thereby refused renewal of petitioner's stage carriage permit granted under the provisions of the motor Vehicles Act and the Rules framed thereunder.

(2.) STAGE carriage permit is granted in terms of Section 72 of the Motor Vehicles act. The permit is a permission to ply on a route, its persons specific, its routes specific but when it comes to vehicle, it is not for a particular vehicle. The reason for this will be indicated later. It is not that a vehicle gets a permit. It is a person who gets a permit to ply a vehicle thereunder. A permanent permit granted to be usually valid for a period of 5 years. In case of petitioner, the permit was granted for the period 28-1-2004 to 27-1-2009 in respect of a public carrier mini bus of 1990 model having registration No. BR 1-A 8805. The procedure for applying for and granting permit is contained in Section 80 of the Act. Sub-section (4) thereof deals with replacement of permit. This provision, if compared to and read with Section 83, would establish that permit is independent of the vehicle because section 83 talks of replacement of vehicle under a permit. Section 81 of the Act deals with renewal. Section 81 sub-section (4), which is relevant for the present purpose, is quoted hereunder :

(3.) A reading of Section 81 would show that a permit once granted, on application, has to be renewed without any discretion there being on the authority if conditions are fulfilled and the authorities can refuse renewal on specific grounds which have been enumerated in sub-section (4 ). Therefore, renewal is as a matter of right. Renewal cannot be refused on any ground not mentioned in sub-section (4) of Section 81 if other conditions for grant of permit are satisfied. The whole problem, in the present case, is in relation to this.