Skip to content


Narayana Bhatta Vs. Secretary, Regional Transport Authority - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtKarnataka High Court
Decided On
Case NumberW.P. No. 5202 of 1984
Judge
Reported inILR1985KAR4147
ActsMotor Vehicles Act, 1939 - Sections 63(6); Karnataka Motor Vehicles Rules, 1963 - Rules 127, 127(1), 127(2), 127(3), 127(4), 127(5), 127(6) and 127(7)
AppellantNarayana Bhatta
RespondentSecretary, Regional Transport Authority
Appellant AdvocateParty in Person
Respondent AdvocateS. Udayashankar, HCGP
DispositionPetition allowed
Excerpt:
.....- section 63(6) read with karnataka motor vehicles rules, 1963 rule 127(1) to (7) -- grant of special permit to public service vehicle for carrying passengers for hire or reward under a contract, by rta of any one region valid in any other region or state without countersignature of rta of other region or sta of other state -- application lies to rta in whose jurisdiction vehicle is ordinarily kept.;petitioner's application for grant of special permit returned on the ground party engaged by him belongs to other state and this authority is not aware of the topography of that state. the endorsement being challenged :;from the provisions contained in sub-section (6) of section 63 of the act, and sub-rules (1) to (7) of rule 127 of the rules, it is clear that a special permit..........madras and vice versa.3. the application is returned on the ground that the 'request for issue of special permit cannot, be examined to satisfy that the application is for its bona fide purpose of tour as required under sub rule (2) of rule 127 of the karnataka motor vehicles rules, 1963, in view of the fact that the party engaged by him is belonging to other state and this authority not aware of the topography of that state'.4. learned high court government pleader submits that the endorsement issued by the respondent is in accordance with sub section (6) of section 63 of the motor vehicles act, 1939 (hereinafter referred to as the 'act') read with rule 127 (1) to (7) of the karnataka motor vehicles rules, 1963 (hereinafter referred to as the, 'rules'); that since thepetitioner has.....
Judgment:
ORDER

K.A. Swami, J.

1. At the stage of preliminary hearing. Learned High Court Government Pleader Sri S. Udayashankar was directed to take notice on behalf of the Respondent and to obtain the instructions in the matter. Accordingly, he has secured instructions and has put in appearance for the Respondent, Hence the Petition is taken up for final hearing.

2. In this Petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the endorsement bearing No. STASP, PR. 11130/83-84, dated 15-3-1984 issued by the Respondent returning the application filed by the petitioner for grant of special permit in respect of the vehicle bearing registration No. CAA 612 from Madras to Mangapura, Tirupathi and back to Madras and for taking empty vehicle from Bangalore to Madras and vice versa.

3. The application is returned on the ground that the 'request for issue of special permit cannot, be examined to satisfy that the application is for its bona fide purpose of tour as required under sub rule (2) of Rule 127 of the Karnataka Motor Vehicles Rules, 1963, in view of the fact that the party engaged by him is belonging to other State and this authority not aware of the topography of that State'.

4. Learned High Court Government Pleader submits that the endorsement issued by the Respondent is in accordance with sub section (6) of Section 63 of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act') read with Rule 127 (1) to (7) of the Karnataka Motor Vehicles Rules, 1963 (hereinafter referred to as the, 'Rules'); that since thepetitioner has stated that be will take the empty vehicle upto Madras and from Madras he will pick up passengers who arc the tourists intending to go to Tirupathi and as such, entire area fallsoutside' the State, the refusal is justified.

5. It is not the case of the Respondent that the application does not satisfy the requirements of Rule 127 of the Rules; and that it is defective or impermissible in law. As such, it is not possible to accept the submissions made by Learned Government Pleader.

6. Sub-section (6) of Section 61 of the Act, Is as follows : 'Notwithstanding anything contained in sub-section (1), but subject to any rules that may be .made under this Act, the Regional Transport Authority of any one region may, for the convenience of the public, grant a special permit in relation to a public service vehicle for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without slopping to pick up or set down along the line of route passengers not. included in the contract and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without thecounter signature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be-'

Sub-rules (1) to (7) of Rule 127 of the Rules, are as follows:

'127. Rules for grant of Special Permits - (1) Every application for the grant of a special permit in relation to a vehicle under sub-section (6) of Section 63 of the Act shall be in the Form No 53.P. Co. SP. A and shall be verified in the manner indicated therein. It shall be sent to the Regional TransportAuthority of the Region in which the vehicle is ordinarily kept, by registered post, or presented in person or through a duly authorised representative.

(2) On receipt of an application under sub-rule (1) the Regional Transport Authority or the Secretary to the Regional Transport Authority, if specially empowered by such Regional Transport Authority to issue Special permits, shall examine the application and shall satisfy itself or himself that all the particulars required in Form 53 are furnished, if the particulars are not fully furnished, the applicant may be called upon to fully furnish the same within a specified period.

(3) On being satisfied that the application is for bona fide purpose, the Regional Transport Authority or the Secretary to the RegionalTransport Authority, as the case may be, may grant a special permit to the applicant.

Explanation - For the purpose of this rule, it shall be deemed t be a bona fide purpose, if the transport vehicle is used for the purpose of tour by tourists foreign and home or by marriage parties, or by pilgrim parties.

(4) It shall not be necessary for the Regional Transport Authority or its Secretary, as the case may be, to follow the procedure laid down in Section 57 of the Act.

(5) Every Special permit shall be in Form No. 62 'Special Permit.

(6) As soon as may be after the grant of a special permit to an applicant, the Regional Transport Authority or its Secretary, as the case may be, shall intimate the fact to the Regional Transport Authorities of the Regions to be visited by the vehicle.

(7) Every special permit granted under these Rules shall be valid and effectivefor such period as is specified in such permit not in any case exceeding three months.

Provided that, the duration of operation of such permit may if necessary, be extendedfor a period not exceeding one month.'

From the aforesaid provisions contained in sub-section (6) of Section 63 of the Act, and sub-rule (1) to (7) of Rule 127 of the Rules, it is clear that a special permit for carrying a passenger or passengers on hire or reward under a contract express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract may be granted by the Regional Transport Authority of one regionfor convenience of the traveling public in respect of the route lying in any other region or State and such special permit is valid in the other region or the State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State or States, as the case may be. Rule 127 of the Rules, further makes it clear that an application for grant of a special permit has to be made to the Regional Transport Authority in whose jurisdiction the vehicle is ordinarily kept. In the instant case, the vehicle in question, it is not in dispute, is ordinarily kept within the jurisdiction of theRTA, Bangalore. That being so, the petitioner is entitled to, seek a special permit for the purposes mentioned in sub-section (6) of Section 63 of the Act, read with Rule 127 of the Rules. That being so the rejection of the application is wholly untenable. The reasons given for the rejection do not fall either under sub-section (6) of Section 63 of the Act or Rule 127 of the Rules; and the said reasons are totally irrelevant. Thus, I do not see any justification for the Respondents to refuse to grant the special permit to the petitioner.

7. For the reasons stated above, this Writ Petition is entitled to succeed. It is accordingly allowed. A writ in the nature of mandamus shall issue to the Respondent to issue special permit without any loss of time to the petitioner as ho is required to take up journey immediately so as to reach Madrastoday to keep up the contract of conveying the tourist passengers in group which he has undertaken with the party at Madras.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //