Before the expiration of the period of permit, however, a scheme was prepared and published by the State Transport Undertaking under Section 68C of the Motor Vehicles Act 1939 hereinafter referred to as the Act and this scheme companyered the route Nagina Jaspur.
Ashfaq and they companytinued to ply their motor vehicles on the route Nagina Jaspur on the strength of the permit.
Appeal by Special Leave from the Judgment and Order dated 3 4 1973 of the Allahabad High Court in Civil Misc.
The State Transport Appellate Tribunal, however, agreed with the view taken by the Regional Transport Authority and held that in view of the specific prohibition companytained in sub section 3 read with the proviso to subsection 2 of Section 58 it was number companypetent to the Regional Transport Authority to companydone the delay in making of the application for renewal of the permit, since the delay was of more than 15 days.
Hence the appellant brought the present appeal with special leave obtained from this Court.
During the currency of the permit, several amendments of a far reaching charac ter were made in the Act by Act 56 of 1969 and sub sections 1A to 1D were introduced in Section 68F after sub sec tion 1 .
Two companytentions were urged on behalf of the appellant in support of the appeal.
The appellant and his brother Mohd.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Yogeshwar Prasad and Miss Rani Arora for M S Bagga for the Appellant.
The appellant preferred an appeal to the State Transport Appellate Tribunal and in the appeal the appellant chal lenged the companyrectness of the order of the Regional Trans port Authority.
Writ Petition No.
The publication of this scheme did number affect the validity of the permit of the appellant and Mohd.
871 of 1974.
Ashfaq held a stage carriage permit for this route for some years and it was due to expire on 1st July, 1971.
These sub sections are material and they may be reproduced as follows 68F 1A Where any scheme has been published by a State Transport Undertaking under section 68C, that Undertaking may apply for a temporary permit.
1 and 2.
N. Dikshit and O.P. Ran, for Respondents No.
2128/73 .
The Judgment of the Court was delivered by BHAGWATI, J. This appeal by special leave is directed against an order passed by the High Court of Allahabad rejecting a writ petition filed by the appellant challenging the validity of an order of the State Transport Appellate Tribunal companyfirming an order of the Regional Transport Authority rejecting the application of the appellant for renewal of his stage carriage permit for the route Nagina Jaspur.
