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1956 Supreme(Raj) 242

DAVE, WANCHOO
Jairam Dass – Appellant
Versus
R. T. A. , Jodhpur – Respondent


Advocates Appeared:
Ratanlal Purohit, for applicant; Kan Singh, Govt. Advocate for Opposite parties; Jaigopal Chhangani, for Non-petitioner No. 3

Wanchoo, C.J.—This is an application by Jairam Dass under Art. 226 of the Constitution for a writ, direction or order in connection with certain orders of the Transport Authority.

2. The facts of the case briefly are that the applicant was granted a permit by the appellate authority in June, 1953. Thereafter he applied to the Regional Transport Authority for the issue of the permit. Eventually on the 23rd February, 1955 the Regional Transport Authority cancelled the permit under Rule 86(b) as the applicant had failed to produce the requisite vehicle. Thereafter the Regional Transport Authority granted a temporary permit to Laxminarain for two months. It is said that this permit was renewed for another three months. Eventually in July, 1955, it was renewed till the grant of a pucca permit. Thereupon the applicant made this application. His contention is that it was not open to the Regional Transport Authority to grant temporary permits like this one after the other and that sec. 62 of the Motor Vehicles Act does not contemplate this.

3. The relevant portion of sec. 62 which we are concerned is this—

"A Regional Transport Authority may at its discretion, and without following the proced





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