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Mali Ram Vs. Rta and anr. - Court Judgment

LegalCrystal Citation
SubjectMotor vehicles
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 116/77
Judge
Reported in1977WLN454
AppellantMali Ram
RespondentRta and anr.
DispositionPetition dismissed
Excerpt:
.....to the undertaking for both routes, one for neem-ka-thana kotputla and the other for kotapuli-alwar route; whether it is given by means of one permit or two permits, is hardly a 'matter calling for interference in these extraordinary proceedings.;writ dismissed - - sub-section (1-aa) of section 68f therefore clearly premises that temporary permit can be given to the state transport undertaking in respect of any notified route as well as a route covered by the draft scheme. of section 68 f is void and beyond the competency of the state legislature this argument, however in order to succeed, necessarily assumes that proviso to section 68 ff prohibits the state transport undertaking to obtain a temporary permit in respect of a notified route and consequently, the said state amendment..........in respect of such notified area, or route, if no application for the permit has been made by the state transport undertaking in respect of any notified area or notified route in persuance of an approved scheme. the corporation has not yet applied to implement the scheme. mr. sharma urged that proviso to section 68 ff permits only a private operator to apply for the temporary permit but bars the state transport undertaking to apply for the temporary permit in the interval before the permit for the implementation of the scheme is issued. i am afraid i find no such support for such contention. the proviso provides that temporary permit be given to any person if the state transport undertaking has not applied for permit on this route. i can see no justification why the proviso would only.....
Judgment:

Rajindar Sachar, J.

1. There was a route Neem-ka-Thana to Alwar, fur which the petitioner has been granted a temporary permit, which was to run upto April 28, 1977.

2. A scheme for the route from Neem-ka-Thana, to Kotputli has been approved and notified under Section 68(D)(3) of the Motor Vehicles Act (Here in after referred to as 'the Act'). Another draft, scheme under Section 68(C) has been prepared for the route Kotpurli to Alwar. The said scheme has not been approved under Section 68 D. Respondent No. 2, the Rajasthan State Roadways Transport Corporation applied and obtained from the RTA, respondent No. 1, temporary permit to ply its buses from Neem-ka-Thana to Alwar. After the grant of permit, the RTA, by its order dated April 1, 1977. ordered that as permit has been granted to the Corporation and as it will now be having two permits, the permit of the petitioner Will cease to be effective as soon as the Corporation is given the second permit applied for and put the buses on the route. The petitioner has therefore felt aggrieved and has come up to this Court.

3. Mr. Sharma, learned Counsel for petitioner, contended that no permit can be given to the Corporation for route from Neem-ka-Thana to Alwar. Section 68 FF puts a restriction on the grant of permit in respect of notified area. Proviso, however, permits the RTA to grant temporary permits to any person in respect of such notified area, or route, if no application for the permit has been made by the State Transport Undertaking in respect of any notified area or notified route in persuance of an approved Scheme. The Corporation has not yet applied to implement the scheme. Mr. Sharma urged that proviso to Section 68 FF permits only a private operator to apply for the temporary permit but bars the State Transport Undertaking to apply for the temporary permit in the interval before the permit for the implementation of the scheme is issued. I am afraid I find no such support for such contention. The proviso provides that temporary permit be given to any person if the State Transport Undertaking has not applied for permit on this route. I can see no justification why the proviso would only permit a private operator to obtain a temporary permit and prohibit the State Transport Undertaking to that effect As a matter of fact, there has been an amendment in the said Act the by State Act No. 10 of 1974, which has added Sub-section 68(1 AA) to Section 68 F, which provides that where State Transport Undertaking applies for grant of temporary permit in respect of any route which comprises a notified area or route or portion thereof and any other route or area specified in scheme published Under Section 68C. The RTA or the STA shall issue temporary permit prayed for. Sub-section (1-AA) of Section 68F therefore clearly premises that temporary permit can be given to the State Transport Undertaking in respect of any notified route as well as a route covered by the draft scheme. No doubt, Mr. Sharma urges that sub-Section (1 AA; of Section 68 F is void and beyond the competency of the State Legislature This argument, however in order to succeed, necessarily assumes that proviso to Section 68 FF prohibits the State Transport Undertaking to obtain a temporary permit in respect of a notified route and consequently, the said State amendment being in violation of the Central provision would be bad I have already said that in my opinion, the proviso to Section 68 FF makes no such bar, and I therefore, see no reason to hold sub Section (1-AA) to Section 68 F to be void.

4. So far as the route from Kotputli to Alwar, in respect of which draft scheme has been published, is concerned, sub-Section (1 AA) of Section 68 F of the Act specifically provides for the grant of temporary permit in respect of any area or portion for which the scheme has been published under Section 68 C of the Act. It is apparent that even the Central Act permits a temporary permit to be granted to the State Transport Undertaking in respect of a route for which a scheme has been published under Section 68 C of the Act. I therefore do not sea how any objection can be made to respondent No. 2 being granted temporary permit on the route from Kotputli to Alwar. One of the objections which Mr. Sharma has sought to raise was that one permit has been given for the whole portion from Neem ka-Thana to Alwar and as the notified route and route for draft scheme comprise separate routes, this was not correct. He however conceded chat even petitioner's permit for Neem-Ka-Thana-Alwar route was only one and not two separately.

5. In any case, this is only technical objection, because a permit can be given to the Undertaking for both routes, one for Neem ka-Thana-Kotputli and the other for Kotputli-Alwar route; whether it is given by means of one permit or two permits, is hardly a matter calling for interference in these extraordinary proceedings.

6. Mr. Munshee, the learned Counsel for the respondent No. 2, had sought to raise the point that the petitioner could not operate from Kotputli to Alwar because of the bar of sub-Section (1 C) of Section 68 F, which according to him, provides that if temporary permit has been granted to the State Transport Undertaking the temporary permit, even if already given to a person will cease to operate on the issue of permit to the State Transport Undertaking in respect of that route. I do not feel it necessary to decide this point in view of the fact that the temporary permit under which the petitioner is, at present, plying, in any case, is going to expire by tomorrow. The petitioner, if he is to operate in future, will necessarily have to obtain a fresh permit and in that case, just as it will, be open to the petitioner to raise any point in support of its plea far grant of a permit, it will necessarily be also open to respondent No. 2.

7. With these observations, the petition is dismissed summarily.


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