The administrative classification of transport routes does not necessitate notice to permit holders, as it does not alter the conditions of the permit.

1. The petitioner possesses a Stage Carriage Permit No. 809-1622 for his transport vehicle on the Bulandshahr, Anupshahr, Debai, Naraura and Debai - Ramghat route in the Meerut Region. This route earlier was classified as a B Class route and also approved as such by the State Transport Authority. It is said that originally it was partly metalled and partly Kankar, while the extension from Debai to Ramghat was sandy. In 1957-58 this route was extended up to Ramghat and again classified by the Regional Transport Authority as a 'B' class route. When, however, the classification made by the Regional Transport Authority came up before the State Transport Authority, the latter by its resolution, dated the 29th / 30th September, 1958, declared it to be an 'A' class route.

2. One of the consequences of classifying the route as an 'A' class route has been an increase in the rate of taxes payable by the permit holder and also a decrease in the fare chargeable from persons travelling. It is common ground that the Stats Transport Authority gave no opportunity to the petitioner, or to the other permit holders plying their vehicles on this particular route, to show cause against the re - classification before declaring the route to be an 'A' class route. The petitioner claiming that it was incumbent on the State Transport Authority to give such a notice and hear objections, if any, against the proposed re - classification has asked the same to be quashed and the increased tax also not to be recovered.

3. It will be useful to note at the very outset that the re - classification has been, done by the State Transport Authority by virtue of the provisions in Sub-Section (2) of S.4 of the U.P. Motor Vehicles Taxation Act , 1935. Under its provisions the routes have to be classified into various classes for the purpose of determining the amount of tax payable in respect of transport vehicles plying for hire or reward on those routes. The Sub-Section reads : -
"For the purpose of determining the amount of the tax payable in respect of transport vehicles plying for hire or reward under Arts. IV to VII of the first schedule to this Act, all routes in Uttar Pradesh shall be classified by the prescribed authority as special routes or ordinary routes, and every ordinary route shall be further classified as an A class route, or a B class route, or a C class route". The authority or rather the duty to classify routes into various classes has thus been east by the section on the prescribed authority. The expression "prescribed authority" has been defined in the Act to mean "prescribed by rules under the Act." R.5 of the Rules framed under the Motor Vehicles Taxation Act has prescribed the State Transport Authority, as also the Regional Transport Authority with the approval of the State Transport Authority as the authority which shall be competent to classify the routes. In this case the re - classification which has been impugned was done by the State Transport Authority. The Regional Transport Authority recommended in favour of classifying the route as "B" class but the State Transport Authority whose approval was necessary classified it as an "A" class route.

4. One of the grounds which the petitioner has urged against the legality of the impugned classification has been that the State Transport Authority had no jurisdiction under the Act to do so. Whether one refers to Sub-Section (2) of S.4, or to R.5 framed thereunder, the State Transport Authority as the prescribed authority is competent to decide and order the classification. It has independent powe