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1969 Supreme(Raj) 41

KAN SINGH
RATANLAL – Appellant
Versus
CHAIRMAN, REGIONAL TRANSPORT AUTHORITY, BIKANER REGION – Respondent


Advocates Appeared:
B.L.MAHESHWARI

Judgment


KAN SINGH, J.

( 1 ) BY this writ petition the validity of a resolution of the State Transport Authority, jaipur (Annexure-8) is questioned. I may read that resolution:

"in exercise of the powers under Section 44 Sub-section (3) (b) of the motor Vehicles Act the State Transport Authority Rajasthan resolves that with effect from the date of the publication of this resolution in the official Gazette (1) the State Transport Authority shall hereafter grant all types of permits, renewals, transfers etc. , on Inter-Regional and Inter-Statal routes. In respect of these routes S. T. A. , shall perform all the duties, hitherto being performed by the Regional Transport Authorities. (2) All types of permits on Inter-Statal routes shall be countersigned by the S. T. A. "

Sd/- Inder Singh Shekhawat secretary State Transport Authority, rajasthan, Jaipur. " The petitioner contends that this resolution is bad, because according to the provisions of Section 44 (3) of the Motor Vehicles Act, 1939, hereinafter to be referred as the "act", the State Transport Authority could not have taken upon itself the functions of the Regional Transport Authority in relation to an inter-statal route. Sectio
















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