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1988 Supreme(Kar) 2

K.A.SWAMI
S. K. SHARMA – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY – Respondent


Advocates:
M.R.V.ACHAR, P.R.Ramesh

SWAMI, J.

( 1 ) IN W. P. 9908/88 rule has already been issued. In other writ petitions rule has not been issued As in all these writ petitions the same resolution passed by the respondent delegating its power is challenged, rule is issued in the remaining writ petitions and all the petitions are heard for final disposal on consent of both sides.

( 2 ) THE respondent in exercise of its power under sub-section (5) of Section 44 r/w Section 68 of the Motor Vehicles Act 1930 (herein after referred to as the Act) and Rule 96 (x) of the Karnataka Motor Vehicles Rules 1963 (hereinafter referred to as the Rules), has passed the impugned resolution delegating its power to compound the offence. The said resolution reads thus : si. No. 47. Sub. No. 772/87-88. To fix the quantum of penalty and such other action to be taken u/'s 60 of M. V. Act, 1939 against the owner of the Vehicle being used under special permit in violation of permit conditions. RESOLUTION : There are 264 Heavy Passenger Vehicles in addition to some taxics running under Special permits in Bangalore region. This Authority has delegated the powers of grant of special permits to the secretary, RTA, for speedy disposel since it















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