JUDGMENT

GUPTA, J.:— On the application of the appellant, the Regional Transport Authority, Mandya, granted him a contract carriage permit on February 8, 1972, valid for the entire State of Karnataka. The grant was cancelled by the Karnataka State Transport Appellate Tribunal by its order dated August 19, 1972 on appeal preferred by the third respondent, Karnataka State Road Transport Corporation. The appellant filed a writ petition in the High Court of Karnataka at Bangalore challenging the order of the Appellate Tribunal. The High Court dismissed the petition by its order dated November 29, 1974 agreeing with the Appellate Tribunal that the Regional Transport Authority, Mandya, had no jurisdiction to grant permits valid throughout the State of Karnataka in view of the first proviso to sub-section (1) of Sec. 45 of the Motor Vehicles Act. 1939 (hereinafter referred to as the Act) The correctness of that decision is questioned by the appellant in this appeal by special leave.

2. Section 45 (1) with its first proviso which is the only part of the section relevant for the present purpose is in these terms:

"45. General provision as to applications for permits.-

(1) Every application for