Satish Chandra, J. - (1.) RESPON dent No. 2 is a resident of the State of Madhva Pradesh. He held a stage car riage permit for the Jhansi-Mahoba route. In due course he applied for its renewal to the Regional Transport Authority, Gwalior, Madhya Pradesh. The appel lants, who are operators on this route or a portion thereof, filed objections. The Regional Transport Authoritv however dismissed the objections and granted the renewal. In due course, respondent No. 2 applied and obtained counter-signature from the Regional Transport Authority Jhansi, because though a Part of the route in question lay in Madhva Pradesh but both its termini were situate within U. P. The appellants challenged the action of the Regional Transport Autho ritv Jhansi in countersigning the per mit, by instituting a writ petition in this Court. The learned single Judge dis missed the petition. Hence the present appeal.
(2.) FOR the appellants it was urped that neither the Regional Transport Offi cer, Gwalior had jurisdiction to grant the renewal of the permit over this route, nor the Regional Transport Autho rity, Jhansi had jurisdiction to counter sign it, because the Mahoba-Jhansi route in question lay entirely within the State of U. P. because both of its termini were situate in U. P. although a small portion of the route ran across into the State of Madhva Pradesh. It was nevertheless a route which fell within the region in the State of U. P. Section 44 of the Motor Vehi cles Act empowers the State Govern ments to constitute Regional Transport Authorities for specified regions. They exercise powers conferred bv the Act in relation to regions for which they are constituted. Section 45 (1) provides :- (1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles: Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the manor portion of the proposed route or area lies and in case the Por tion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Autho ritv of the region in which it is proposed to keep the vehicle or vehicles: Provided further that if it is pro posed to use the vehicle or vehicles in two or more regions Ivine in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business.
(3.) SECTION 46 of the Act provides for various matters which an application for r>ermit is to contain, one such matter beina the route or routes or the area or areas to which the application relates. Under Section 48 the Regional Transport Authority has been empowered to grant a stage carriage permit on an application made to it under Section 46. Reading these various provisions it appears that the Regional Transport Authoritv to which an application for a permit can lawfully be made has -jurisdiction to grant a permit on it.;