Rajasthan High Court, Jaipur Bench
Ranawat & Dave, JJ.
Kotah Transport Ltd. - Appellant
Versus
The Regional Transport Authority Udaipur - Respondents
C. Writ No. 591 of 1952
Decided On : December 03, 1952
The existence of a persistent demand on the part of the general public for plying more carriages on certain routes is a circumstance which does not come within the scope of sec. 62 of the Motor Vehicles Act for the grant of , temporary permits. The fact that there was more traffic on the routes than could be met by the stage carriages of the existing permit holders does not create a need which can be said to be temporary in its character entitling the Regional Transport Authority to issue temporary permits. (Para 7)
The Regional Transport Authority has to consider representation, if any, of interested persons Applications have got to be invited and the necessary conditions have to be satisfied before the Authority can proceed to exercise its discretion under sec. 62. In considering the representations and in granting permits whether temporary or non-temporary in accordance with the provisions of law the Authority has to act quasi judicially. The decision of the Regional Transport Authority affects the rights of the permit holders and the Authority has also to act in accordance with certain procedure laid down by the law. Under these circumstances, it is not right to say that the action of the Regional Transport Authority is merely executive or administrative. In issuing temporary permits under sec. 62. The function under sec. 62 is a quasi judicial function and it has got to be exercised in accordance with the provisions of the procedure laid down in the Act itself. If an authority which is to act judicially or quasi-judicially acts illegally or with material irregularity a writ of certiorari would lie. (Para 11)
2. The allegations of the petitioner which are common to all these cases are that the petitioner is a public limited company holding valid permits for certain buses plying on the following routes: —
1. Kotah-Mangrol. 2. Kotah-Ramganj mandi. 3. Kotah-Chechat. 4. Kotah-Khatoli. 5. Kotah-Bakani. 6. Baran-Jhalrapatan via Khanpur. Baran-Thana via Shahabad.
that the Regional Transport Authority, Udaipur, who is opposite party No. 1 in utter disregard of the provisions of sec. 62 of the Indian Motor Vehicles Act, 1939, granted temporary permits on 30th and 31st May, 1952 for a period of four months to the persons who have been impleaded opposite parties for certain routes which are the routes covered by the permits of the petitioner or which coincide for some distance with the routes of the petitioners permits ; that the temporary permits so granted were to be effective up to 30th September 1952 but the Regional Transport Authority extended the temporary permits for a further period of three months ; that the circumstances mentioned in sec. 62 of the Indian Motor Vehicles Act did not exist at the time the temporary permits were issued by the Regional Transport Authority; that the petitioner was suffering heavy losses on account of the action of the Regional Transport Authority in issuing the aforesaid temporary permits; that the petitioner from time to time made representations to the Regional Transport Authority against their action of issuing temporary permits but to no avail. The petitioner, therefore, prayed that a writ or a direction or order under Art. 226 of the Constitution of India be issued to set aside the orders of the Regional Transport Authority granting temporary permits ; that the petitioner may be awarded compensation for the losses suffered by him to the extent of Rs. 50/- per day in each case and lastly to restrain the opposite parties from plying their buses under the permits so granted.
3. In the reply filed by the Regional Transport Authority, Udaipur, it has been admitted that the petitioner is a limited company and that it holds valid permits for plying stage carriages on the routes mentioned in the petitions and further it has also been admitted that temporary permits were granted to certain persons who have been impleaded as opposite parties to these writ applications for the routes which are in some the same cases as are covered by the permits of the petitioner or in other cases the routes for some distance of the temporary permits coincide with the routes of the petitioners permits. It is further pleaded that at first the temporary permits were issued on the 30th and 31st May 1952 but it is contested that those very permits were not renewed. The stand taken up by the Regional Transport Authority is that fresh temporary permits were issue
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