Satish Chandra, J. - (1.) The appellants were the holders of temporary permits on the Nagina-Kalagarh route. Originally, 15 permanent stage carriage permits were issued for this route. A nationalisation scheme under Section 68-C of the Motor Vehicles Act was published in relation of this route. On 27th September, 1972, the Regional Transport Authority decided that in the public interest 15 additional stage carriage vehicles should ply on this route. In due course the petitioners were granted temporary permits under this decision. The State Transport Undertaking then applied for the grant of two temporary stage carriage permits on this route. The Regional Transport Authority granted those applications on 3-1-1972. Subsequently, several persons including the appellants made applications for the grant of temporary stage carriage permits but the Regional Transport Authority rejected them on the ground that it had no jurisdiction left to grant any temporary permits for filling up the remaining 13 temporary vacancies even though the State Transport Undertaking was not in a position to fill those vacancies. The order rejecting the applications was challenged by way of a writ petition. A learned Single Judge, however, found no substance in the submissions raised in support of the writ petition and dismissed it. Hence the present appeal.
(2.) Section 68-F of the Motor Vehicles Act provides for the grant of a permit to the State Transport Undertaking if it so applies for a permit in pursuance of an approved scheme. In that event, no permit can be granted to a private operator. Sub-secs. (1-A) to (1-D) of Section 68-F deal with the interregnum between the publication of a scheme under Section 68-C and its approval under Section 68-D. Under Sub-Section (1-A) the State Transport Undertaking can apply for a temporary permit after the scheme has been published under Section 68-C. Sub-Section (1-B) provides for the duration of such temporary permits granted to the under-taking- Sub-Section (1-C) is material and relevant for our purposes. It reads:- "(1-C) If no application for a temporary permit is made under Sub-Section (1-A), the State Transport Authority or the Regional Transport Authority. as the case may be, may grant, subject to such conditions as it may think fit, temporary permit to any person in respect of the area or route or portion thereof specified in the scheme and the permit so granted shall cease to be effective on the issue of a permit to the State Transport Undertaking in respect of that area or portion thereof." Sub-Section (I-D) bars the grant of a permit otherwise than as provided under Sub-Section (1-A) or Sub-Section (1-C) for the period of the interregnum between the publication of the scheme under Section 68-C and its approval. Thus, after a scheme has been published under Section 68-C, a permit can be granted to a private operator only under Sub-Section (1-C). Under Sub-Section (1-C) a permit can be granted to a private operator if no application for a temporary permit is made by the State Transport Undertaking under Sub-Section (1-A). A temporary permit granted in such a situation ceases to be effective on the issue of a permit to the State Transport Undertaking. When the State Transport Undertaking applied for and obtained a temporary permit for this route, no temporary permit could have been granted to any private operator on the same route. Even if any temporary permit was in existence at the time when a temporary permit was granted to the Undertaking, it ceased to have effect. The Regional Transport Authority was justified in rejecting the applications made by the appellants for the grant of a temporary permit after the issuance of a permit to the State Transport Undertaking.
(3.) Mr. Dhaon appearing for the appellant submitted that the words "a temporary permit" occurring in Sub-Section (1-C) should be read in the plural. Even if it were permissible to so read such a clear provision, it will not help the appellant because even then it will not be obligatory upon the State Transport Undertaking to apply for and obtain as many temporary permits as there are vacancies on a particular route. Simply reading the phrase "a temporary permit" which obviously is in the singular as if it were in the plural will not carry the matter further.For these reasons it is unnecessary to discuss whether a provision in the singular can in the context be read in the plural.;