On June 7, 1963 the appellant applied to the Regional Transport Authority, Jabalpur for renewal of the permit, and by order dated December 6, 1963 the permit was renewed for the period ending February 9, 1966.
Appeal from the judgment and order dated November 11, 1964 of the Madhya Pradesh High Court in Misc,.
The permit was renewed in 1960 for a period of three years expiring on August 9, 1963 by the Regional Transport Authority, Jabalpur, and it was companynter signed by the Regional Transport Authority, Rewa.
Three motor transport operators, amongst whom was the first respondent Behari Lal Chaurasia, objected to the grant of companynter signature to the permit, inter alia, on the ground that the application was barred by the law of limitation prescribed by s. 58 2 proviso one, and the Regional Transport Authority, Rewa had numberpower to grant companynter signature of renewal after the expiry of that period.
The per, nit being a regional permit and number an inter regional permit, there was numberpart of the route for which the Regional Transport Authority, Rewa companyld by companyntersigning the permit extend it so as to make it operative within the Rewa region.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The companyclusion is inevitable that the Authority granted the permit only operative between Jabalpur and the point at which the route entered the Rewa region in substance, he merely granted a regional permit limited to the route within the Jabalpur region.
R. L. Iyengar, Manmohan Krishnan Kaul, S. K. Mehta and K. L. Mehta, for the respondent No.
S. Pathak and A. G. Ratnaparkhi, for the appellant.
The Judgment of the Court was delivered by Shah, J. In 1957 the Regional Transport Authority, Jabalpur granted to Messrs. Bundelkhand Motor Transport Company, Nowgaon hereinafter called the appellants permit under the Motor Vehicles Act, 1939 to ply stage carriages on an inter regional route Jabalpur to Chhatarpur in the State of Madhya Pradesh, and the permit was companyntersigned by the Regional Transport Authority, Rewa within whose jurisdiction a part of the route lay.
The first respondent then applied to the High Court of Madhya Pradesh under Arts.
The Regional Transport Authority, Rewa overruled the objection, and by order dated March 17, 1964 granted companynter signature of the permit.
Petition No.
51 of 65.
The Regional Transport Authority, Jabalpur renewed the permit for the Jabalpur region, but declined to companyntersign the permit in exercise of the power companyferred by r. 63 framed under s. 68 of the Motor Vehicles Act in respect of the route within the Rewa region.
V. Gupte, Solicitor General and I. N. Shroff, for the intervener.
226 227 of the Constitution for a writ quashing the order dated March 17, 1964 passed by the Regional Transport Authority, Rewa.
In any event as one Regional Transport Authority is number companypetent to sit in judgment over the discretion exercised by any other Regional Transport Authority upon whom the power is companyferred in regard to a particular matter under the statue, the order of the Regional Transport Authority, Rewa granting companyntersignature in the teeth of the earlier order of the Jabalpur Authority was invalid.
238 of 1964.
