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P.CHANDDRA REDDY, SATYANARAYANA RAJU, SRINIVASACHARI
B. Veeraswamy – Appellant
Versus
State of Andhra Pradesh by Secretary, Public Works and Transport Department, Hyderabad – Respondent


ORDER :

1. These two writ petitions raise the question as to the validity of the delegation made under G.O. No. 527, dated 14th February, 1953, whereunder the Regional Transport Officer has been empowered by the Government to dispose of applications under Section 48-A of the Motor Vehicles Act. There is a decision of a Divisional Bench of the Madras High Court, as yet unreported, which has held that the delegation ts ultra vires. It is stated that a number of writ petitions have raised the same question in this Court. These papers may be placed before the learned Chief Justice for orders as to these writs being posted before a Bench.

2. In pursuance of the above order, the petitions came on for hearing before the Divisional Bench consisting of Subba Rao, the then Chief Justice, and Jaganmohan Reddy, J.

3. The Order of the Court was pronounced by

SUBBARAO, C.J.*— These two writ petitions raise the question, namely, whether the Regional Transport Officer is subordinate to the Regional Transport Commissioner within the meaning of Section 44-A of the Motor Vehicles Act. A Full Bench of the Madras High Court in Krishnaswamy Mudaliar v. Palani Pillai1 has held that, as no rules have been

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