1980 Supreme(Raj) 353

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Dwarka Prasad, J.
M/s. Delux Roadways Sangaria - Appellant
Versus
State Transport Appellate Tribunal, Rajasthan, Jaipur and others - Respondent
S.B. Civil Writ Petitions No. 1130 and 1131.
Decided On : 25-09-1980

An application for renewal can be considered and disposed of even after the date of the expiry of the permit, and it is not obligatory upon the R.T.A in each and every case to dispose of the renewal application before the date of the expiry of the permit.

Headnote:

MOTOR VEHICLES ACT - Renewal of permits - Delay in consideration of renewal applications - Whether renewal applications can be considered after the expiry of the permit - Whether subsequent consideration of renewal application should be made as if the said application was considered on the date of expiry of the permit - Whether applications for grant of fresh permits can be considered simultaneously with renewal applications - Whether preference should be given to State Transport Undertaking over applications for renewal from an individual or cooperative society - Whether one appeal can be filed for grant of two fresh permits.

Fact of the Case:

The petitioners were bus operators plying their vehicles on two non-temporary stage carriage permits on the Hanumangarh Sirsa via Sangaria inter-statal route. The R.T.A notified that the successive meetings of the R.T.A shall take place on July 3, 1979, September, 4 1979 and November 6, 1979. The petitioners' renewal applications were not included in the agenda for the meeting of July 3, 1979, as they had not become ripe for consideration. The meeting of the R.T.A did not take place on July 3, 1979 as notified earlier, but it was adjourned to July 31, 1979 though it actually took place on August, 1, 1979. On the last mentioned date, the petitioners submitted representations before the R.T.A urging that their renewal applications should be taken up for consideration as the same had become ripe for hearing on account of the expiry of 30 days from the date of their publication in the official gazette. However, the R.T.A did not think it proper to consider the renewal applications of the petitioners in the meeting held on July 31, 1979 and August 1, 1979, as it was an adjourned meeting held for the purpose of considering the agenda for the meeting notified for July 3, 1979 and the petitioners' renewal applications were not included in the said agenda. The Corporation submitted two applications for the grant of fresh non-temporary stage carriage permits on the route, which were sent for publication by the office of the R.T.A, vide notification dated. June 14, 1979 and the same were published in the Rajasthan Gazette dated July 5, 1979, inviting objections in respect thereof within a period of 30 days from the date of such publication. The R.T.A while granting the renewal of the non-temporary stage carriage permits to the petitioners by its resolution dated 4/5th September, 1979 held that the applications of the Corporation for grant of fresh stage carriage permits had not become ripe for consideration and, therefore, the aforesaid applications of the Corporation were not considered along with the renewal applications of the petitioners. Therefore, the Corporation filed an appeal before the State Transport Appellate Tribunal, Rajasthan, Jaipur (hereinafter referred to as 'the Tribunal') praying for the cancellation of the renewal of the permits of the petitioners and also for the grant of two stage carriage persits to the Corporation. The Tribunal by its order dated May 21, 1980 allowed the appeal of the Corporation and granted two stage carriage persits to it, while the order of renewal of the permits, granted to the two petitioners by the R.T.A, was set aside.

Finding of the Court:

1. An application for renewal can be considered and disposed of even after the date of the expiry of the permit, and it is not obligatory upon the R.T.A in each and every case to dispose of the renewal application before the date of the expiry of the permit. 2. All ripe applications for permits on the same route should be considered together whether they may be for fresh grant of permits or may be tor renew of existing permits. 3. The amendment of the provisions of Section 47 by the insertion of Sub-section (IN) has been considered by the Tribunal but it has failed to apply the proviso appended thereto. 4. The Rajasthan amendment of the Motor Vehicles Act regarding Section 58 also provides for giving preference to the State Transport Undertaking over applications for renewal from an individual or cooperative society. 5. Normally the Corporation should have preferred two separate appeals in respect of the rejection of its two applications for grant of fresh permits on the route by the R.T.A.

Issues: 1. Whether the renewal applications of the petitioners could be considered after the expiry of the permit? 2. Whether the subsequent consideration of renewal application should be made as if the said application was considered on the date of expiry of the permit? 3. Whether applications for grant of fresh permits can be considered simultaneously with renewal applications? 4. Whether preference should be given to State Transport Undertaking over applications for renewal from an individual or cooperative society? 5. Whether one appeal can be filed for grant of two fresh permits?

Ratio Decidendi: 1. The provisions of Section 62(1)(d) and Section 58(4) together go to show that an application for renewal can be considered and disposed of even after the date of the expiry of the permit, and it is not obligatory upon the R.T.A in each and every case to dispose of the renewal application before the date of the expiry of the permit. 2. The argument of the learned Counsel for the petitioners that the subsequent consideration of the application for renewal should be made as if the said application was considered on the date of the expiry of the permit cannot be accepted because there is no basis for such an argument, nor the statute makes any provision in Section 58 or elsewhere. 3. All ripe applications for permits on the same route should be considered together whether they may be for fresh grant of permits or may be tor renew of existing permits. 4. The Rajasthan amendment of the Motor Vehicles Act regarding Section 58 also provides for giving preference to the State Transport Undertaking over applications for renewal from an individual or cooperative society. 5. Normally the Corporation should have preferred two separate appeals in respect of the rejection of its two applications for grant of fresh permits on the route by the R.T.A.

Final Decision: Both the writ petitions are dismissed and the order passed by the State Transport Tribunal, Rajasthan, granting two fresh non-temporary state carriage permits to the Corporation is upheld.