Decided on March 11,1955



- (1.)This is an appeal against the order of our learned brother Bhimasankaram J., dismissing the application filed by the appellant to quash the order of the Government of Andhra refusing to interfere with the order of the Secretary, Cental Road Traffic Board, Andhra State, made in an appeal against the order of the Regional Transport Authority, Krishna, suspending the permit for a period of 15 days. ( The facts asre: The petitioner is the owner of a stage carriage MDK. 921 now re-registered as ADK. 205 with a permit to ply on the route Bandar to Gudiwada. One of the conditions of the permit was that the stage carriage shall be used only on the route or area on which the permit is issued. Admittedly on 3-2-1954 the stage carriage was used for an unauthorised trip on the Bandar -- Manginapudi road, Purporting to act under S. 60(1)(a) of Act IV of 1939 the Regional Transport Authroity suspended the permit for a period of 15 days. That order was confirmed on appeal by the Central Road Transffic Board and on revision from that appellate order by the Government.
(2.)The appellant filed an application under Art. 226 of the Constitution of India for quashing that order on the ground that the Regional Transport Authority has no power to suspend the permit under S. 60(1) in the circumstances of the case, but should have only prosecuted the appellant under S. 123. The argument was rejected by Bhimasankaram J.
(3.)The relevant provisions read: Section 60:
"The Transport Authority which granted a permit may cnacel the permit or may suspend it for such a period as it thinks fit (a) on the breach of any condition specified in sub-section (3) of Sec. 59 or of any condition in the permit."
Section 123 (1):
"Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or lets out a motor vehicle for use in contravention of the provisions of sub-sec. (1) of Section 42, shall be punishable for a first offence with a fine which may extend to five hundred rupees and for a subsequent offence if committed within three years of the commission of a previous similar offence, with a fine which shall not be less than one hundred rupees and may extend to one thousand rupees."
Section 42:
"No owner of a transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the conditions of a permit granted or counter-signed by a Regional or Provincial Transport Authority authorising the use of the vehicle in that place in the manner in which the vehicle is being used."


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