1968 Supreme(MP) 150
High Court Of Madhya Pradesh
P. V. Dixit, C. J. and G. P. Singh, J.
SHER SINGH - Appellant
Versus
STATE TRANSPORT AUTHORITY, GWALIOR AND ORS. - Respondents
Misc. Petn. 348 Of 1968
Decided On : 10/28/1968
Advocates Appeared:
R.K.Tankha, Y.S.DHARMADHIKARI
Headnote:(1) Motor Vehicles Act, 1939 - S. 44 - function of State Transport Authority - grant of permit on inter-regional route.
Sub sections 3 (b) and (4) of section 44 clearly authorise the State Transport Authority to perform the function of granting permits on an inter-regional route and to deprive the regional transport authorities to their jurisdiction to that extent. AIR 1966 Raj. 127; relied on. [Para 5
(2) Motor Vehicles Act - S. 44 - 'activities and policies' and 'co-ordinance and regulate' explained - scheme and scope of Chap. IV - judicial function state transport authority cannot co-ordinate or regulate such functions.
The power to co-ordinate and regulate the activities and policies of the Regional Transport Authorities, however wide it may be, does not include the power to deprive one Regional Transport Authority of its quasi-judicial jurisdiction and to confer the same on another Regional Transport Authority.
The words 'activities and policies' are more appropriate to describe administrative functions rather than judicial or quasi-judicial. Moreover, the words 'co-ordinate and regulate' postulate the continuance of that which is co-ordinated and regulated they do not ordinarily include deprivation.
Under the scheme of sections in Chapter IV an application for permit is to be heard and disposed of by the Regional Transport Authority to which it is made. The duty to dispose of applications made to it is a judicial function and cannot be co-ordinated or regulated by issue of directions by the State Transport Authority. 1964 SC 1573 relied on. [Para 6
( 1 ) THIS petition under Article 226 of the Constitution arises out of a case relating to the grant of stage carriage permits on the route, Tikamgarh-Gwalior via Niwari, jhansi and Dabra. This route is inter-statal and inter-regional falling within the states of Madhya Pradesh and Uttar Pradesh. The portion of the route which is within the State of Madhya Pradesh falls within two regions viz. , Rewa and gwalior. Under the inter-statal agreement two single trip permits can be issued for this route by the Madhya Pradesh Authorities. Ratanlal who is respondent No. 3 to this petition made an application for permit on the route on 20th October, 1964 to the Regional Transport Authority, Gwalior, No action was taken on that application and on 20th December, 1964 the Regional Transport Authority, Gwalior decided to invite fresh applications. This order, however, was not carried out and no notification was published inviting applications. In the meantime, the petitioner and some others applied to Regional Transport Authority, Rewa for getting permits on this route. The petitioner's application was made on 15th July, 1966 and was published in the gazette on 2nd September, 1966 along with other applications. The State transport Authority realising that the exercise of concurrent jurisdiction by the regional Transport Authorities of Rewa and Gwalior in the matter of grant of permits on this route may not be in the interest of the public and may result in conflict, issued a direction that the applications for permits on this route, though received by both the Authorities, shall be decided only by the Regional Transport authority, Gwalior. In view of this direction of the State Transport Authority, the regional Transport Authority, Rewa sent all the applications received by it for grant of permits on this route, including the application of the petitioner, to the regional Transport Authority, Gwalior. It seenis that the respondent No. 3 came to know of the order of the Regional transport Authority, Gwalior deciding to invite fresh applications sometime in July, 1966 and on 15th July, 1966 he filed a revision against that order before the State transport Authority. This revision was allowed by the order of the State Transport authority on 31st May, 1968, in which it was held that the Regional Transport authority, Gwalior should have decided the application of the respondent No. 3 and should not have passed the order inviting fresh applications. On this ground the order proposing to invite fresh applications was set aside and the Regional transport Authority, Gwalior was directed to first determine the application of the respondent No. 3. After this order, the Secretary, Regional Transport Authority, gwalier by a memo anted 4th June, 1903 returned the applications including the application of the petitioner, which were received from, the Regional Authority rewa, back to that Authority on the ground that applications submitted to one authority cannot be transferred to another Authority. The Regional Transport Authority, Gwalior then published the application of the respondent No. 3 in July, 1968 and proposed to consider that application alone on 24th September, 1968. The petitioner then filed this petition under Articles 226 and 227 of the Constitution praying that the order of the State Transport Authority in revision and the order of the Secretary, Regional Transport Authority, Gwalior, returning the petitioner's application to the Regional Transport Authority, Rewa, be quashed. It is also prayed that the Regional Transport Authority, Gwalior, be directed to dispose of the applications of the respondent No. 3 and the petitioner together in accordance with law.
( 2 ) THE main contention raised by the learned counsel for the petitioner is that by the direction of the State Transport Authority issued on 16th November, 1966 the regional Transport Authority, Gwalior got jurisdiction to decide the applications that were made at Rewa including the
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