The primary authority granting the permit has jurisdiction to suspend or revoke a permit for breach of the conditions in a different State beyond its Jurisdiction where the permit has been counter-signed by the counter-signing authority of that other State.

( 1 ) IN view of the legal point involved in this case one of us refered the matter to a Bench. The short point that falls for consideration in this writ petition is whether the primary authority granting the permit can suspend or revoke a permit for breach of the conditions in a different State beyond its Jurisdiction where the permit has been counter-signed by the counter-signing authority of that other State. in other words, does the primary authority has Jurisdiction beyond its territorial limits to suspend or cancel the permit for the breach of any condition by the permit holder within the Jurisdiction of the countersigning authority.

( 2 ) IN this case, the petitioner is a transport operator plying oneof his stage carriages APC 520 on an inter-State route between Choudepalli and Gudiyattam. The permit relating to the portion lying in the State of Andhra Pradesh was granted by the Regional Transport Authority, Chittoor and for the portion lying in the State of Madras, it was counter-signed by the Regional Transport Authority, North Arcot. on a report made by the Motor vehicles Taxation Sub inspector of vellore, North Arcot District to the Regional Transport Authority, Chittoor that the petitioner was carrying 27 passengers on 7-2-1957 to Whom tickets were not issued and in excess of the capacity of the bus, chargememo Rc. No. 3124/a2/57 dated 26-2-1957 was issued to the petitoner calling upon him to submit an explanation for violation of theconditions of the permit. The petitioner in his explanation denied the alleged offence, but the Regional Transport Authority, Chittoor fount him guilty of the said breach and by proceedings dated 27-9-1957 suspended the permit for a period of six months under S. 60 of the Motor vehicles Act. The petitioner appealed to the state Transport Authority questioning the Jurisdiction of the Regional Transport Authority, Chittoor to suspend the permit granted by the said Authority for an alleged violation of the conditions of the counter permit granted by the Regional Transport Authority, North Arcot. He further denied the offence. The State Transport Authority dismissed the appeal relying on G. O. Ms. No. 1240 dated 3-8-1957 issued by the Government of Andhra pradesh under Which the jurisdiction was alleged to havebeen conferred on the Authority Which granted the primary permit to take action under S. 60 of the Act in respect of the alleged violation of the conditions of the counter permit granted by a different authority. A revision petition under S. 64-A of the Act to the Government was preferred and stay of the operation of the order pending disposal of the revision petition was sought for on 14-12-1959, but sinceno orders were passed and as it was apprehended that the secretary, Regional Transport Authority would take steps to enforce the order of suspension, this writ filed.

( 3 ) SHRI G. Suryanarayana, on behalf of the petitioner, contends that S. 60 of the motor vehicles Act which authorises the Transport Authorith which granted the permit to cancel or suspend the permit for such period as it thinks fit for breach of any of the conditions of the permit and for other reasons specified there in would vest Jurisdiction in the primary authority aloneto cancel, suspend or revoke the permit for breaches of conditions outside the State. He further contends that inasmuch as S. 63 of the Act states that the counter-signing would tantamount to the grant of an independent permit with the conditions or permit imposed by the primary authority as well as any additional conditions that may be imposed by the counter-signing authority. According to him, the Jurisdiction of the counter-signing authority is not co-extensivewith that of the primary authority inasmuch as under S. 63 (1) unless there is a counter-signature, the bus cannot ply in that region or State over which the primary authority has no control. Secondly, under sun-section (2), the Regional Transport Authority when counter-signin