RAM SWAROOP MODI Vs. S T A T

JUDGEMENT

(1.) THIS is a special appeal directed against an order of D.P. Gupta, J., dated 6 -10 -1976 rejecting the writ petition filed by the appellant for setting aside the order of the State Transport Appellate Tribunal, Rajas -than, Jaipur dated 9 -9 -1976.

(2.) THE learned Single Judge rightly declined to interfere with the order passed by the State Transport Appellate Tribunal, which in exercise of its revisional jurisdiction under Section 64 -A of the Motor Vehicles Act, set aside the resolution of the Regional Transport Authority, Jaipur dated 7 -7 -75, inasmuch as it had improperly revised the scope of permits on the route in question from 2 permits and 3 services to 3 permits and 4 services and the consequential stage carriage permit granted to the appellant on 2 -1 -1976 in pursuance thereof.

(3.) THE question whether or not there was scope for increasing the services from 2 permits and 3 services to 3 permits and 4 services on the route in question was one for the transport authorities to determine. The Appellate Authority has on a consideration of the material on record, found that the Regional Transport Authority did not even apply its mind to the question of revision of scope on the route. That being so, it had the authority and jurisdiction to interfere with the order of the Regional Transport Authority fixing the limit under Section 47(3), This Court cannot interfere with such an order in exercise of its writ jurisdiction.