- (1.) These two appeals have been filed by special leave against a common judgment of the Andhra Pradesh High court.
(2.) The appellant is a State Transport Undertaking within the meaning of Ch. IV of the Motor Vehicles Act, 1939, hereinafter called the "act". It applied to the Regional Transport Authority, Warangal, for grant of temporary permits under S. 62 of the Act on the route Thorrur to hyderabad via Kodakondla, Thirumalagiri and Jangaon. A portion of the said route between Jangaon and Thirumalagiri is a part of the notified route and another portion of the route between Jangaon and Hyderabad is also a part of the notified route. All other operators were excluded from operating on the notified routes. Respondent 1 and 2 who are private operator plying stage carriages on the route Valigonda to Thorrur filed Writ Petition in the High court. According to them the appellant was not entitled to the grant of temporary permits. By a common judgment, dated 1/11/1966, the learned Single Judge dismissed those petitions. It was held, inter alia, that neither individual nor personal rights of the writ petitioners had been affected. The learned Judge, however, observed that the Regional Transport Authority had no jurisdiction to grant temporary permits under S. 62 of the Act in respect of a notified route or such portion of it as had been notified. Respondents 1 and 2 filed appeals to a division bench of the high court. The division bench allowed the appeals and came to the conclusion that the granting of temporary permits to the State Transport undertaking on notified routes amounted to a modification of the scheme which could only be done by adopting the procedure indicated in Ch. IV-A and that having not been done the Regional Transport Authority had no jurisdiction to grant temporary permits in respect of notified routes. It was further held that the writ petitioners had locus standi to maintain the Writ Petition.
(3.) These appeals have no merit and deserve to be dismissed. The appellant held permanent permits for the routes in question. It had also applied for the grant of temporary permits under S. 62 of the Act. That S. empowers the State Transport Authority to grant permits for a limited period which is not to exceed four months without following the procedure laid down in S. 57 authorising the use of a transport vehicle temporarily for the following purposes : "(A) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings) or (B) for the purposes of a seasonal business, or (C) to meet a particular temporary need, or (D) pending decision on an application for the renewal of a permit;";