DAUDAYAL Vs. STATE TRANSPORT APPELLATE
HIGH COURT OF RAJASTHAN
STATE TRANSPORT APPELLATE
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D.P.GUPTA, J. -
(1.)THE short question which arises in this appeal is as to whether the appeal filed by the appellant Daudayal before the Transport Appellate Tribunal was time barred and the learned Single Judge was justified in allowing the writ petition filed by the respondent No. 3, M/s Garg Transport Company on this ground alone.
(2.)THE facts which are not in dispute are that both the appellant and respondent Orde 1, M/s Garg Transport Company, filed applications for grant of non -temporary stage carriage permits on Bharatpur -Dholpur viz Roopbas, Badi -Desori -Jogaar route (hereinafter called 'the route'). The Regional Transport Authority, Jaipur considered all the applications for grant of permits on the route in its meeting held from January 6 to January 8, 1966 but the matter could not be decided in that meeting as same information was sought from the Director of Transport, Rajasthan. After the receipt of the information, the matter was further heard by the Regional Transport Authority, Jaipur on January 17, 1966 and a permit was granted to the respondent No. 3, M/s Garg Transport Company amongst others, while the appellant Daudayal was not granted a permit and obviously his application for grant of permit was rejected. Daudayal, appellant applied on June 15, 1966 for a copy of the order of resolution passed by the Regional Transport Authority. After obtaining a copy thereof on June 22, 1965. Daudayal filed an appeal against the impugned order passed by the Regional Transport Authority, Jaipur dated January 27, 1966 before the State Transport Appellate Tribunal, Rajasthan. Jaipur (hereinafter called 'the Tribunal') on July 1, 1966. The Tribunal by its order dated July 13, 1972 ultimately allowed the appeal preferred by Daudayal and set aside the permit granted by the Regional Transport Authority, to M/s Garg Transport Company and granted a permit to Daudayal appellant on the route.
M/s Grag Transport Company preferred a writ petition in this Court. The learned Single Judge by his order dated November 10, 1972 allowed the writ petition on the ground that the appellant Daudayal had filed an appeal against the resolution of the Regional Transport Authority, Jaipur dated January 27, 1966 and July 1, 1966, the same was burred by time, as the appeal was not preferred within the statutory period of one month and that the Tribunal had no jurisdiction to entertain the time barred appeal. According to the learned Single Judge, the appellant Daudayal had applied for a copy of the resolution of the Regional Transport Authority on June 15, 1966 and filed the appeal on July 1, 1966, after the expiry of the time limit of one month provided by law for filing the appeal.
(3.)IN this appeal it is urged by learned Counsel for the appellant that the learned Single Judge was not justified in holding that the appeal filed by the appellant was barred by time. Rule 108(b) of the Rajasthan Motor Vehicles Rules, 1951 provides that any person preferring an appeal under Section 64 of the Motor Vehicles Act, 1939 against the order passed by the Regional Transport Authority (for short 'the RTA') can do so in writing within 30 days of the receipt by him of such order, by presenting to the Appellate Tribunal a memo of appeal accompanied by a certified copy of the order appealed from. Rule 108(b) runs as under:
(b) Any person preferring an appeal against much an order of the State Transport Authority or a Regional Transport Authority, shall within thirty days of the receipt by him of such order, do so in writing by presenting to the Appellate Tribunal a memorandum of appeal in duplicate, setting forth concisely the grounds of objection against the order appealed from, accompanied by a certified copy thereof.
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