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High Court Of Rajasthan
Judgename : B.P. Beri, M.L. Joshi
Samarathmal - Appellant
Versus
Jugaldas - Respondent
Special Appeal Nos. 367, 368 and 655 of 1971
Decided On : 09/21/1973
MOTOR VEHICLES ACT - JURISDICTION - COUNTER-SIGNATURE ON PERMIT - INTER-STATE ROUTE - JURISDICTION OF STATE TRANSPORT AUTHORITY - COMPLIANCE WITH SECTION 43 (1) (IV) - ALTERNATIVE REMEDY - CONDUCT OF PETITIONERS - EXERCISE OF DISCRETIONARY JURISDICTION.
Fact of the Case:
The State Transport Authority (STA) of Rajasthan granted counter-signatures on the permit of Samrathmal for an inter-state route, Neemuch-Kota, based on a reciprocal agreement between Rajasthan and Madhya Pradesh. Existing operators on the affected routes challenged the counter-signatures, arguing that the STA lacked jurisdiction and that Section 43 (1) (iv) of the Motor Vehicles Act was not complied with. The Single Judge accepted the writ petitions and quashed the STA's resolution granting counter-signatures.
Finding of the Court:
The Court held that the STA had jurisdiction to grant counter-signatures on the permit as it was empowered by the State Government to deal with applications for inter-state routes. The Court also held that compliance with Section 43 (1) (iv) was not necessary as the reciprocal agreement was entered into prior to the insertion of Sub-section (3-A) to Section 63, which made compliance with Section 43 (1) (iv) mandatory. The Court further held that the petitioners were disentitled to relief due to their failure to avail the alternative remedy of appeal and their conduct in obtaining renewal of their permits under the reciprocal agreement.
Issues: 1. Whether the STA had jurisdiction to grant counter-signatures on the permit for the inter-state route. 2. Whether compliance with Section 43 (1) (iv) of the Motor Vehicles Act was necessary. 3. Whether the petitioners were entitled to relief in light of their failure to avail the alternative remedy of appeal and their conduct.
Ratio Decidendi: 1. The STA had jurisdiction to grant counter-signatures on the permit as it was empowered by the State Government to deal with applications for inter-state routes. 2. Compliance with Section 43 (1) (iv) was not necessary as the reciprocal agreement was entered into prior to the insertion of Sub-section (3-A) to Section 63, which made compliance with Section 43 (1) (iv) mandatory. 3. The petitioners were disentitled to relief due to their failure to avail the alternative remedy of appeal and their conduct in obtaining renewal of their permits under the reciprocal agreement.
Final Decision: The Court accepted the appeals, set aside the judgment of the learned Single Judge, and dismissed the writ petitions of the petitioners with costs.
1. These three appeals are directed against the common order dated 7-7-1971 passed by learned Single Judge of this Court disposing of two writ applications (S. B. Writ Petition No. 1926 of 1970 Messrs. Modern Transport, Kota vs. State Transport Authority and others and S. B. Writ Petition No. 946 of 1970, Jugaldas vs. State Transport Authority and others) whereby he accepted the writ petitions and quashed the resolution dated 5-9-1970 of the State Transport Authority, Rajasthan, hereinafter referred to as the S.T.A., granting counter-signatures on the permit of Shri Samrathmal on Neemuch-Kota route.
.2. The material facts which it is necessary to notice for the disposal of these appeals stated in brief are : That a reciprocal agreement in regard to various inter-Statal routes was arrived at between the representatives of the State of Rajasthan and State of Madhya Pradesh in their meeting held on 11th and 12th of January, 1968 at Gwalior. This agreement also embraced in its fold the following inter-Statal routes:
.(1) Kota-Chambal Dam--62 miles.
.(2) Neemuch-Chambal Dam, expended upto Kota 109 miles.
.(3) Kota-Chambal Dam extended upto Neemuch 109 miles.
Under the said agreement two single services were provided for each, of the aforesaid routes. Samrathmal, the appellant made an application on 15th of March. 1968, to the S.T.A. (M. P.) for the grant of one non-temporary stage carriage permit on the Neemuch-Kota via Chambal route. The same was granted by the S.T.A. (M. P.) on 10-8-1970. The permit was issued to Samrathmal on 20th of August, 1970, and the same was to be counter-signed by the S.T.A. (Rajasthan). The Secretary to the S.T.A. (M. P.) sent a letter of request to the S.T.A. (Rajasthan) for grant of counter-signature in regard to the permit of Samrathmal. Samrathmal also moved the S.T.A. (Rajasthan) by way of an application on 21-8-1970 for obtaining the counter-signatures on his permit. It appears that in the meantime on 7-8-1970 the existing operators on the affected routes moved an application to the S.T.A. (Rajasthan) to the effect that according to their information the S.T.A, (M. P.) has either granted two non-temporary stage carriage permits for Nee-much to Chambal Dam extended upto Kota under the alleged reciprocal agreement and the same have been presented for counter-signature to the S.T.A. (Rajasthan) or are likely to be submitted for its counter-signature. They prayed that they should be afforded an opportunity before the counter-signatures were granted as the S. T.A. had no jurisdiction to grant counter-signature. The S.T.A. (Rajasthan) overruled their objections and granted counter-signatures by its impugned resolution dated 5-9-1970. Jugaldas and Messrs. Modern Transport moved this Court under Article 226 of the Constitution of India and challenged the impugned resolution inter alia on the ground (i) that a scheme under Section 68-C of the Motor Vehicles Act for Kota-Ravat Bhata route having been published no counter-signatures could be granted to Samrathmal on Neemuch-Kota route as it completely covered the route under the scheme already published; (ii) that neither the draft of the proposed direction, nor the directions finally issued by the State of Rajasthan. for giving effect to any inter-Statal agreement were published under the proviso to Section 43 (1) (iv) of the Act; (iii) that the impugned counter-signature was against the stay order of the Rajasthan High Court passed on 13th March, 1970, in Civil Writ Petition No. 293 of 1970; (iv) that the S.T.A. Rajasthan) virtually reviewed its resolution dated 6-7th August, 1970, wherein it had resolved not to countersign such permits; (v) that the impugned resolution was passed in a meeting which was illegal for want of quorum; and (vi) that the S.T.A. (Rajasthan) had no jurisdiction over the inter-Statal and interregional routes in the matter of granting permit or counter-signatures. On these submissions both Messrs. Modern Trans- port and Juga
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