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1994 Supreme(AP) 56
Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY
Labhala Samanthakamani - Appellant
Versus
Court of District Munsif, Ichapuram - Respondent
Decided On : 02-04-94
A Civil Court has no jurisdiction to entertain any question relating to the grant of a permit under the Motor Vehicles Act, 1988.
Headnote:
MOTOR VEHICLES ACT - SECTION 94 - CIVIL COURT JURISDICTION - BARRED - FAMILY ARRANGEMENT - SUIT NOT MAINTAINABLE - REPLACEMENT OF VEHICLE - OBJECTIONS BEFORE REGIONAL TRANSPORT AUTHORITY - TEMPORARY PERMIT - ENTITLEMENT TO PLY VEHICLE.
Fact of the Case:
A family arrangement was made after the death of Mr. L. Dharma Sahu, who had four pucca stage carriage permits. The routes were distributed among the four branches of his family. The writ petitioner, L. Samanthakamani, the wife of a predeceased son, Dayanidhi, got the route Ichhapuram to Srikakulam. She sought to replace the old vehicle with a new one, which was pending before the Regional Transport Authority. The other two sons of Dharma Sahu filed a suit seeking a permanent injunction against Samanthakamani from replacing the bus and leasing out the route permit. The court granted a temporary injunction.
Finding of the Court:
The court held that the suit was not maintainable as it questioned the permit granted by the authority under the Motor Vehicles Act, 1988. Section 94 of the Act expressly bars the jurisdiction of the Civil Court in questioning any permit or action taken by the authorities under the Act. The court also held that the respondents were entitled to file objections before the Regional Transport Authority regarding the replacement of the vehicle and the authority shall consider the same and pass appropriate orders in accordance with law.
Issues: 1. Whether the suit filed by the respondents was maintainable? 2. Whether the respondents were entitled to file objections before the Regional Transport Authority regarding the replacement of the vehicle?
Ratio Decidendi: 1. Section 94 of the Motor Vehicles Act, 1988 expressly bars the jurisdiction of the Civil Court in questioning any permit or action taken by the authorities under the Act. 2. The respondents were entitled to file objections before the Regional Transport Authority regarding the replacement of the vehicle and the authority shall consider the same and pass appropriate orders in accordance with law.
Final Decision: The writ petition was disposed of accordingly. No costs.
( 1 ) HAVING heard Mr. M. Ravindranath Reddy, the learned Counsel for the petitioner and also Ms. M. Vidyavathi, the learned Counsel for the respondents 3 and 4 at length, I am of the considered view that this writ petition can be disposed of even at this stage and both the learned counsel have agreed that the writ petition itself be disposed of as the arguments have been advanced in extenso even touching upon the terms of the family arrangement.
( 2 ) ONE Mr. L. Dharma Sahu was having four pucca stage carriage permits. He died on 21-2-1993 intestate leaving behind him three sons and heirs of a predeceased son namely Dayanidhi. The writ petitioner L. Samanthakamani is the wife of the said Dayanidhi. After the death of Dharma Sahu, under family arrangement dated 15-4-1993, the routes were distributed among the four branches. The branch of Dayanidhi represented by the writ petitioner got the route Ichhapuram to Srikakulam. Pursuant to the family arrangement, respective routes were transferred in favour of the persons named thereto by the Regional Transport Authority concerned. Then they were plying their respective vehicles on the respective routes. Insofar as the route Ichapuram to Srikakulam is concerned, to vehicle bearing Registration No. AAS-3969 which was plying, was sought to be replaced by a new vehicle bearing Registration No. A. P. 30 / T 1888, on the ground that it became old and worn out. This plea for replacement is pending before the Regional Transport Authority. It is pertinent to mention that pucca permit is subsisting upto the year 1976. Pending consideration of replacement, the Secretary, Regional Transport Authority has granted a temporary permit by order dated 29-12-1993 replacing the old vehicle with the new vehicle mentioned above with effect from 1-1-1994 to 30-4-1994. The other two sons of late Dharma Sahu viz. , L. Sunder Rao and L. Vishwanadhan - respondents 3 and 4 - have instituted O. S. No. 63 of 1993 on the file of the Court of district Munsif, Ichapuram seeking a decree of perpetual injunction against Shamanthakamani - the petitioner herein - (a) for a permanent injunction restraining the first defendant in the suit (the petitioner herein) from replacing the bus bearing Registration No. AAS-3969 which is plying from Ichapuram to Srikakulam, Known as Natraj Express (by another bus) under transport carriage permit (b) restraining the 1st defendant (the petitioner herein) from leasing out the route permit of Ichapuram to Srikakulam to the 2nd defendant or any other person (c) costs of the suit (d) any such other relief as the Hon ble Court deems fit in the circumstances of the suit
( 3 ) PENDING the disposal of the suit, temporary injunction orders were sought for by filing an Interlocutory Application. The injunction sought for is to restrain the writ petitioner from replacing the bus bearing Registration No. AAS- 3969 which is plying from Inchapuram to Srikakulam known as Natraj Express. , by any other bus under the transport carriage permit granted by the 2nd respondent herein and also restraining the petitioner herein from leasing out the route permit of Inchapuram to Srikakulam either to Andhavarapu Kondala Rao - 2nd defendant in the suit - or any other person pending the disposal of the suit.
( 4 ) BY Order dated 22-12-1993, passed in Interlocutory Application No. 210 of 1993, the Court below directed the writ petitioner to maintain the status quo ante regarding the route permit and running the bus bearing Registration No. AAS-3969 in between Ichapuram to Srikakulam and back.
( 5 ) THIS writ petition is filed impugning the orders of Secretary, Regional Transport Authority, Srikakulam dated 31-12-1993 cancelling the temporary permit granted on 29-12-1993 basing on the orders of the Court of the District Munsif, Ichhapuram.
( 6 ) IT is said that the said Secretary, Regional Transport Authority, Srikakulam was impleaded when he was shown the injunction orders he did not take co
