High Court Of Madhya Pradesh
T. N. SINGH, S. K. DUBEY, R. C. LAHOTI
M.P.S.R.T.C., GWALIOR - Appellant
Versus
R.T.A.REWA - Respondents
MISC. PETN. 774 Of 1989
Decided On : 08/08/1989
(2) Motor Vehicles Act, 1939-Ch. IV-A-nationalisation of routes contemplated under-makes special provisions for operation by State undertaking. [Para 5]
(3) Motor Vehicles Act, 1939-Ss. 68-C and 68-E (i)-'proposed scheme' -becomes 'approved scheme' when it is subsequently published in official gazette-by legal fiction contemplated under S. 68-E (1) that also becomes 'proposed' scheme under S. 68-C. Capital Roadways dt.23-9-1981 overruled. (1961) 43 ITR 352 and AIR 1955 SC 661 relied on. [Para 8]
(4) Motor Vehicles Act, 1939-Ss. 68-C, 68-E, 68-D (3), 68-F (1), 68-F (1-A), (J-C) and 68-FF-proposal for new or for modified scheme published -preference to obtain temporary permits rests with State Transport Undertaking failing which temporary permits on ad hoc basis may be given to private operators-requirement of provisions under Ss. 68-D (3), 68-F (1) and 68-FF to be taken into consideration. [Para 10]
(5) Motor Vehicles Act, 1939-Ss. 68-C and 68-F (l-A) and (I-C)-approved scheme published-services on notified route is frozen-operators not protected under the scheme cannot operate. AIR 1989 MP 212 relied on. AIR 1987 SC 958 followed. [Para 11]
( 1 ) WHEN this matter came up on 13-7-1989 before two of us, sitting in Division Bench. petitioner's counsel placed reliance on two decisions of Apex Court and also an unreported Bench decision of this Court, rendered at the Main Seat on 23-9-1981 (Capital Roadways and Finance Pvt. Ltd. , Bhopal v. S. T. A. , Gwalior ). Because validity was challenged of a temporary permit expiring in August, 1989, hearing of the petition was expedited. On 27-7-1989, respondents 3 and 4, the permit-holders entered appearance through counsel and cited another unreported Bench decision of this Court rendered also at the Main Seat on 25-11-1988 in the case of Mahesh Kumar Singh v. R. T. A. , Rewa. Counsel for the parties conceded that there was conflict between the two decisions and submitted that the matter be heard by a Larger Bench. Hence, it is before us today. ( 2 ) DURING the course of hearing, Shri J. P. Gupta, appearing for the permit-holders, raised a preliminary objection. But, we refused to entertain the same and decided to hear the matter to resolve the conflict and settle the law for the compelling reason stated below. Counsel contended that the permits being issued by R. T. A. , Rewa and the route being also outside the territorial jurisdiction of Gwalior Bench, the petition has to be heard at the Main Seat. Admittedly, however, the petitioner has challenged the impugned permits in revision before the State Transport Appellate Tribunal; Gwalior, for short, the 'tribunal', and the petitioner came before us as the office of the Tribunal was vacant and there was likelihood of that revision being rendered infructuous. Shri Nigudkar also contended that respondents having submitted to the jurisdiction of this Bench and having conceded that they would like to have a decision of this Court to resolve the judicial conflict abovereferred they must be deemed to have waived their right of hearing on facts at the, Main Seat. We are of the view, however,, that Judges of this Court sitting at ,any Seat can render a valid and binding decision for the entire State on any legal issue, except that of "vires" which is decided at the Main Seat. Our decision in this matter is a compelling necessity for correct law being applied by the Tribunal in disposing early the pending revision. Shri Nigudkar also submitted that Hon'ble the Chief Justice having taken decision for this petition to be heard at this Bench, under the Rules of this Court, his decision cannot be questioned. We do not think if it is necessary at all, in the circumstances of the case and for the reason aforesaid, to decide Shri Nigudkar's contention or even Shri J. P. Gupta's counter-contention based on the residential Order regarding this Bench's territorial jurisdiction.
( 3 ) BEFORE referring to the legal controversy dealt with by the, two conflicting decisions aforementioned, we consider it proper to state briefly the factual contentions of parties raised in this petition. The permits annexed to the petition and challenged in the revision aforesaid, Annexures P/7 and P/8, issued respectively to respondents 3 and 4 were of a month's duration, expiring on 16-5-1989. But, it is conceded that monthly temporary permits are being issued for the same route to the two respondents and those are expiring in August, 1989. For that, apparently, justification is found in the order passed on 6-4-1989 (Annexure-P/6) by the R. T. A. Rewa, holding that scope existed for grant of temporary permits on that route. It appears that the petitioner's objection was considered and the view taken by R. T. A. was that the objection was in regard to the time of departure from Rewa. That order is also impugned for reasons to be stated hereinafter. The route in regard to which the petitioner has raised grievance is - Khogapani-Shahdol-Rewa of which the portion of the route between Rewa to Shahdol is 171 K. Ms. It is contended by Shri Nigudkar that part of the route is covered under the 'approved" sch
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