JAGAN SINGH Vs. STATE TRANSPORT APPELLATE TRIBUNAL RAJASTHAN

JUDGEMENT

(1.) This reference was made by one of us for decision of the question whether the view taken by the Full Bench of this Court in Jai Ramdas v. Regional Transport Authority AIR 1957 Raj 312 is correct in the light of subsequent decisions on the point by a number of other High Courts. It was held in Jai Ramdas's case (supra) that on the interpretation of Section 64 (1) (b) read with Section 48 of the Motor Vehicles Act, 1939 (which will hereinafter be referred to as "the Act"), the order passed by the Regional Transport Authority varying a condition of the permit, such condition being as respects the route, was appealable to the State Transport Appellate Tribunal by the rival permit-holder who was aggrieved by such variation. However, it appears that a contrary view was taken by the Madhya Pradesh High Court, AIR 1961 Madh Pra 81, Patna High Court AIR 1961 Pat 313, Kerala High Court AIR 1960 Ker 18, Andhra Pradesh High Court AIR 1965 Andh Pra 115 and Allahabad High Court AIR 1967 All 336 and AIR 1970 All 182.

(2.) After hearing the learned counsel for the parties, we are satisfied that the point which has been referred to us need not be decided in this case as the case can be disposed of on other points.

(3.) The facts of the case lie within a narrow compass. The petitioner Jagan Singh was granted permit on Chirawa to Udika route via Devroad-Surajgarh-Jakhod on September 10, 1971, for a period of three years. The route was extended from Chirawa to Sultana by the Regional Transport Authority, Jaipur, by its order dated April 10, 1972. Subsequently, a portion of the route, Chirawa to Devroad, came under the scheme of nationalisation from June 5, 1974. Consequently, that portion of the route i.e., Chirawa to Devroad, was curtailed and the petitioner's remaining route was divided in two portions, namely, Sultana to Chirawa and Devroad to Udika. It further appears that from June 5, 1974 to July 23, 1978, the petitioner plied on one portion of the route only viz., Udika to Devroad and did not ply on the other portion of the route i.e., Chirawa to Sultana. However, he made an application before the Regional Transport Authority, Jaipur, on March 28, 1978, for diversion of his route - Udika to Sultana via Surajgarh, Raghunathpura and Shyamlu. After obtaining report from the District Transport Officer, Jhunjhunu, the Regional Transport Authority allowed diversion of the petitioner's route via Surajgarh, Raghunathpura- Shyamlu by its order dated October 25, 1978.