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HIGH COURT OF CALCUTTA
Harries, G. N. Das, Banerjee
SABITRI MOTOR SERVICE LTD. - Appellant
Versus
ASANSOL BUS ASSOCIATION - Respondent
Civil Rule 908 Of 1950
Decided On : AUGUST 31, 1950
MOTOR VEHICLES ACT, 1939 - SECTION 47 - INTERPRETATION - ASSOCIATION INTERESTED IN THE PROVISION OF ROAD TRANSPORT FACILITIES - MEANING - ASANSOL BUS ASSOCIATION - WHETHER AN ASSOCIATION INTERESTED IN THE PROVISION OF ROAD TRANSPORT FACILITIES - WHETHER ENTITLED TO OBJECT TO THE GRANT OF PERMITS AND TO APPEAL FROM THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY.
Fact of the Case:
The petitioners, who held a permit for a long-distance route, surrendered it and applied for two permits for two separate routes. The Regional Transport Authority initially rejected the application but later granted the permits. The opposite parties, the Asansol Bus Association, appealed to the Commissioner of Burdwan, who set aside the order of the Regional Transport Authority and rejected the application for splitting up the route and granting two permits.
Finding of the Court:
The court held that the Commissioner of Burdwan was a tribunal within the meaning of Article 227 of the Constitution and had jurisdiction to entertain the appeal. The court also held that the Asansol Bus Association was an association interested in the provision of road transport facilities within the meaning of Section 47 of the Motor Vehicles Act, 1939, and therefore had a right to object to the grant of permits to the petitioners and to appeal from the decision of the Regional Transport Authority.
Issues: 1. Whether the Commissioner of Burdwan was a tribunal within the meaning of Article 227 of the Constitution? 2. Whether the Asansol Bus Association was an association interested in the provision of road transport facilities within the meaning of Section 47 of the Motor Vehicles Act, 1939?
Ratio Decidendi: 1. The court held that the Commissioner of Burdwan was a tribunal within the meaning of Article 227 of the Constitution because he was exercising appellate functions under the Motor Vehicles Act, 1939, and was required to hold a public hearing, hear the parties, and consider the documents filed in accordance with the Rules. 2. The court held that the Asansol Bus Association was an association interested in the provision of road transport facilities within the meaning of Section 47 of the Motor Vehicles Act, 1939, because it consisted of a number of owners of omnibuses plying for hire in the district and was vitally interested in the granting of permits to other persons.
Final Decision: The court dismissed the petition and discharged the rule with costs.
( 1 ) THIS is a petition filed under Article 227, Constitution of India, praying that this Court should reverse an order made by the Commissioner of Burdwan dated 21-2-1950, by which he set aside an order of the Regional Transport Authority for Burdwan and cancelled a licence or permit which had been granted by that authority.
( 2 ) THE petitioners had a permit for a route, running from Barakar through Asansol and Burdwan to Katwa. As this route covered a long distance, the petitioners surrendered the permit which they held and prayed that the route be split into two, namely, Barakar-Asansol-Burdwan and Burdwan-Katwa, and that separate permits should be granted for these two routes. It seems that the matter came before the Regional Transport Authority of Burdwan on 23-9-1949 and the application of the petitioners for splitting up the route and the granting of two permits was rejected. Later,, however, the authority reviewed its earlier decision and granted the petitioners permits for two omnibuses on each of the two routes. The application had been opposed by the opposite parties in this Court, namely, the Asansol Bus Association and the latter preferred an appeal to the Commissioner of Burdwan who was the appellate authority in these matters. The Commissioner came to the conclusion that the order made could not be justified and he accordingly set aside the order of the Regional Transport Authority and rejected the application for splitting up the old route and the granting of two-permits in respect of the two portions into which the old route would be divided.
( 3 ) A petition under Article 227 of the Constitution has been preferred and it has been contended by Mr. Atul Gupta on behalf of the petitioners that the Commissioner of Burdwan in hearing this appeal was a tribunal within the meaning of that term as used in Article 227 of the Constitution. Further, he urged that the opposite parties to this petition, namely, the Asansol Bus Association had no right whatsoever to object to the application made by the petitioners to the Regional Transport Authority and further had no right to appeal to the Commissioner of Burdwan. Accordingly the Commissioner of Burdwan had no jurisdiction whatsoever to adjudicate on the matter and as, it is said, his order was without jurisdiction we should set it aside under the powers given to this Court by Article 227 of the Constitution.
( 4 ) THERE can be no doubt that before this route could have been split up into two portions and permits granted for omnibuses to run on such divided portions, permits were required from the Regional Transport Authority. Section 4, Motor Vehicles Act, 1939, provides :" (1) No owner of a transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the conditions of a permit granted or countersigned by a Regional or Provincial Transport Authority authorising the use of the vehicle in that place in the manner in which the vehicle is being used. "
( 5 ) SECTION 44 of the Act provides for the creation of transport Authorities and it is common ground that the Authority in the Burdwan District was the Burdwan Regional Transport Authority.
( 6 ) SECTION 46 of the Act provides that an application for a permit to use a motor vehicles as a stage carriage and such was the application in this case shall contain certain particulars, and by Section 45 must be made to the Regional Transport Authority exercising jurisdiction in the region concerned. Section 47 provides that the Regional Transport Authority in deciding whether to grant or refuse a permit must have regard to certain matters and the section then provides that the Authority"shall also take into consideration any representations made by persona already providing road transport facilities along or near the proposed route or routes or by any local authority or police authority within whose jurisdiction any part of the proposed route or routes lies or by an
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