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SUPREME COURT OF INDIA
P.B. GAJENDRAGADKAR, A.K. SARKAR, K.N. WANCHOO, K.C. DAS GUPTA AND N. RAJAGOPALA AYYANGAR, JJ.
Municipal Board, Pushkar, Appellant
Versus
State Transport Authority, Rajasthan and others, Respondents.
Civil Appeal No. 332 of 1962.
Advocates appeared
Mr. M. C. Setalvad, Attorney-General for India, and Mr. N. C. Chatterjee, Senior Advocate, (Mr. L. L. Sharma, Advocate, and M/s. M. K. Ramamurthi, R. K. Garg, S. C. Agarwal and D. P. Singh, Advocates of M/s. Ramamurthi and Co. with them), for Appellant; Mr. P. D. Menon, Advocate, for Respondents (Nos. 1 and 7); Mr. C. K. Daphtary, Solicitor-General of India. M/s. Rameshwar Nath, S. N. Andley and P. L. Vohra, Advocates of M/s. Rajinder Narain and Co. with him), for Respondents (Nos. 2 to 6). 460
MOTOR VEHICLES ACT - S. 64-A - REVISION OF ORDER OF REGIONAL TRANSPORT AUTHORITY - POWER OF STATE TRANSPORT AUTHORITY - BUS STAND - FIXATION OF - POWER OF REGIONAL TRANSPORT AUTHORITY - RULE 134 OF RAJASTHAN MOTOR VEHICLES RULES, 1955 - S. 76 OF MOTOR VEHICLES ACT - INTERPRETATION - S. 68(2)(r) OF MOTOR VEHICLES ACT - INTERPRETATION - LIMITATION - KNOWLEDGE OF ORDER - DATE OF ORDER - MERGER OF ORDERS - SECOND REVISION - INCOMPETENCY - JURISDICTION OF HIGH COURT UNDER ART. 226 OF THE CONSTITUTION - WRIT - ISSUE OF - POWER OF SUPREME COURT UNDER ART. 142 OF THE CONSTITUTION.
Fact of the Case:
The dispute which is the subject matter of the present appeal is as regards, the location of the bus stand at Pushkar in Rajasthan for these numerous motor transport services.
Finding of the Court:
The order of the Regional Transport Authority fixing the new bus stand and discounting the old should be held to have been made under a rule made under S. 68 and thus liable to revision under S. 64-A.
Issues: 1. Whether the order of the Regional Transport Authority fixing the new bus stand and discounting the old should be held to have been made under a rule made under S. 68 and thus liable to revision under S. 64-A? 2. Whether the words "date of the order" should not be read as from the date of knowledge of the order" in the absence of clear indication to that effect? 3. Whether the date when the Regional Transport Authority passed the resolution was the date on which the fixation of the new bus stand or the discontinuance of the old bus stand was ordered? 4. Whether the order fixing a new bus stand at Pushkar and discontinuing the old bus stand was in effect made not on December 4, 1959 but on June 28, 1960 when the notification about the fixation of a new bus stand was published? 5. Whether the principle of merger should be applied to the cases of revision also where the revising authority reverses the order or modifies it or merely dismisses the revision application thereby confirming the order? 6. Whether the State Transport Authority could immediately after June 28, 1960, when the order was completed by the notification treat the application for revision made on April 13, 1960, pending before it on the date of the notification, as an application for revision of the order as completed by the notification, and that, in substance, the order of January 6, 1961 was an order revising - not the decision of the Regional Transport Authority s order of December 4, 1959 but the Regional Transport Authority s order fixing a new bus stand at Pushkar, as completed the notification of June 28, 1960? 7. Whether the order of the State Transport Authority dated the 6th January, 1961 was made without compliance with the second proviso to S. 64-A?
Ratio Decidendi: 1. The order of the Regional Transport Authority fixing the new bus stand and discounting the old should be held to have been made under a rule made under S. 68 and thus liable to revision under S. 64-A. 2. The words "date of the order" should not be read as from the date of knowledge of the order" in the absence of clear indication to that effect. 3. The date when the Regional Transport Authority passed the resolution was not the date on which the fixation of the new bus stand or the discontinuance of the old bus stand was ordered. 4. The order fixing a new bus stand at Pushkar and discontinuing the old bus stand was in effect made not on December 4, 1959 but on June 28, 1960 when the notification about the fixation of a new bus stand was published. 5. The principle of merger should not be applied to the cases of revision also where the revising authority reverses the order or modifies it or merely dismisses the revision application thereby confirming the order. 6. The State Transport Authority could immediately after June 28, 1960, when the order was completed by the notification treat the application for revision made on April 13, 1960, pending before it on the date of the notification, as an application for revision of the order as completed by the notification, and that, in substance, the order of January 6, 1961 was an order revising - not the decision of the Regional Transport Authority s order of December 4, 1959 but the Regional Transport Authority s order fixing a new bus stand at Pushkar, as completed the notification of June 28, 1960. 7. The order of the State Transport Authority dated the 6th January, 1961 was made without compliance with the second proviso to S. 64-A.
Final Decision: Appeal allowed and case remanded.
Judgment
DAS GUPTA, J. :(On behalf of himself, P.B. Gajendragadkar, K. N. Wanchoo and Rajagopala Ayyangar JJ.)
At Pushkar in Rajasthan exists a tank which has long been considered one of the holiest places of the Hindus and a well-known place of pilgrimage. By the east of the lake runs a road approximately north to south. The Ghats for getting into the lake are situated contiguous west of this road. Several Dharmashalas and at least one Gurudwara have been established by the side of this road not far from the lake. A temple of Hanumanji stands east of the road, a short distance from the southern edge of the lake. Another temple close to the road is the temple of Rangji. This is situated very near the Ghats and to the east of the road. There is also a temple of Brahmaji further away towards the north but on this very road a little away from where the road further north east from the edge if the lake meets another Road, Ganera Deedwana Nagar. Towards the south of the Dharmashalas the road goes on to Ajmer. The police station of Pushkar it situated at some distance from the Pushkar lake. The police station stands on a road which goes on towards Ganera Deedwana Nagar to the north; and on the south joins the road to Ajmer. Thus the road running north to south by the side of the police station and the road running by the east of the Ghats of the lake meet a short distance north of the police station and a greater distance towards the south. In this way the two roads form a somewhat irregular figure almost like a triangle. The pilgrims use this road in coming to the lake and for this purpose can avail of a number of motor transport services. The dispute which is the subject matter of the present appeal is as regards, the location of the bus stand at Pushkar for these numerous motor transport services.
2. For may years the bus stand was located by the side of the road which runs east of the lake, a little away to the north of Hanumanji s temple and very near the Dharmashalas. On May 24, 1948 the Municipal Board of Pushkar passed a resolution that the Bus stand should be shifted to another site by the side of the road which passes by the police station. By the same resolution it was resolved to construct a passenger shed, piyaoo baths, latrines, urinals and other facilities for the convenience of the passengers at the new bus, stand as priposed. The Regional Transport Authority in its meeting held on the 3rd and the 4th December, 1959 considered this proposal and passed a resolution in the following words:-
"The Bus stand for Pushkar will be the plot of land at the junction of the Hallows Road with Ganera Road near the Police Station and Kalkaji s Temple. The present bus stand on the northern Patri between Hanumangarhi Temple and Brahamannandji s Baghichi will cease to be a bus stand and will be a bus stop only. The buses will not pass through the city. They will go back from the bus stop to the new bus stand. The Municipal Board will provide the necessary facilities. The buses will shift to the new bus stand after such facilities are provided."
It was not however until June 28, 1960 that a public notification was issued in pursuance of the resolution. On the date a notification was issued notifying the public of the resolution of the Regional Transport Authority fixing the new stand for buses at Pushkar and discontinuing the old stand but directing that it will be used as a bus stop. The notification further stated that the buses shall not pass through the city but will proceed to the new stand back from the bus stop and that except the above mentioned bus stand, no other place shall be used as a bus stand, in Pushkar. It was after this notification was issued, that the new arrangement came into force.
3. Long before this notification was made, two residents of Pushkar, Jai Narain and Madan Mohan moved before the State Transport Authority an application for revision of the decision of the Regional Transport Authority changing the bus stand.
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