SANJEEV ANIMESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner is aggrieved by the order passed by the Santhal Pargana Regional Transport Authority, Dumka in its meeting dated 31.10.2001 allowing counter signature to the permanent stage carriage permit held by respondent No. 4 for the interstate route Ranchi to Dumka via Ratu Road, Patratu, Ramgarh, Bokaro, Dhanbad, Maithan, Mihijam, Jamtara. The contention of the petitioner is that the Regional Transport Authority has no jurisdiction to grant permit or allow counter signature to the permit when some of the portion of the route falls within another State. Learned counsel submitted that the same authority earlier rejected application of other persons but it was allowed the application of respondent No. 4.

(2.) LEARNED counsel appearing for the respondent drawn my attention to Section 69 and 88 of the Motor Vehicles Act and submitted that there is an exception to the power of the Regional Transport Authority where it can grant permit if the area covers within another State does not exceed 16 km. The question therefore, falls for consideration is whether in the route in question the area falling within interstate exceeds prescribed kilometer and whether on the factual position the Regional Transport Authority had jurisdiction to grant this permit.