CENTRAL KARNATAKA MOTOR SERVICES LTD Vs. STATE OF MYSORE
HIGH COURT OF KARNATAKA
CENTRAL KARNATAKA MOTOR SERVICES LTD., SHIMOGA TOWN
STATE OF MYSORE,SAJJANARA BASAPPA
Referred Judgements :-
SRI RAMA VILAS SERVICE V. ROAD TRAFFIC BOARD,MADRAS
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VENKATARAMAIYA, CJ. -
(1.)The question raised in this case is whether Government had jurisdiction to interfere with an appellate order passed by the State Transport Authority under the Indian Motor Vehicles Act. Petitioner and respondent 2 are plying buses between certain places in Mysore. The Regional Transport Authority prescribed the time at which the bus of each had to start. This was changed perhaps to the advantage of the petitioner in the appeal preferred by him to the State Transport Authority. The 2nd respondent thereupon approached Government for modification of this and the order of the State Transport Authority was varied. Petitioner contends that it is illegal and wants the order to be quashed in exercise of the powers of this Court under Article 226 of the Constitution of India.
(2.)It is admitted that the order cannot be assailed according to the rules framed by Government as Rule 276-A expressly provides for an appeal to it against appellate orders of State Transport Authority. This rule is impugned as being repugnant to the Act and in support of it the recent amendment of the Act by virtue of which appellate orders of the State Transport Authority are expressly stated to be appealable to Government is pointed out as implying that such orders were not subject to appeal at the time Government dealt with the case between the parties.
(3.)The amendment does not necessarily justify such an inference as it may have been meant to remove doubts about maintainability of second appeals to Government in the absence of any provision in the Act though there is a definite rule which permits the same. The right of appeal is to be conferred by statute and cannot be claimed without a provision therefor.
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