- (1.) THIS is a petition by Lal Mohammed under Article 226 of the Constitution of india praying for a writ in the nature of certiorari, prohibition, mandamus or any other writ, order or direction, to quash and set aside the order of the Regional transport Authority dated 1-7-1968 and the order in appeal dated 22-2-1969.
(2.) THE facts relevant for the disposal of this writ application may be briefly stated as follows:-The petitioner is the holder of a non-temporary stage carriage permit on Jodhpur barmer route. The permit issued to him covers bus No. RJQ 1291. A complaint was lodged against the petitioner for carrying passengers in excess of the seating capacity of the bus. The petitioner was served with a notice under Section 60 of the Motor Vehicles Act (hereinafter referred to as the Act) to show cause why the permit should not be cancelled. The petitioner appeared before the regional Transport Authority at its meeting held on 1-7-1968 and offered to compound the breach of condition and to pay an amount of Rupees 300/ -. The regional Transport Authority agreed to compound the breach of the condition and to accept Rs. 300/- as compounding fee. It was, however, further resolved by the regional Transport Authority that the petitioner should deposit the amount of Rs. 300/- within 15 days, failing which his permit shall stand cancelled. The petitioner did not deposit the amount of Rs. 300/- within 15 days. He, however, deposited the amount of Rs. 300/- on 28th September, 1968. After the deposit of Rupees 300/-, the petitioner received a notice from the Secretary, regional Transport Authority, on 28-12-1968 intimating that the permit of the petitioner had been cancelled in pursuance of the aforesaid resolution of the regional Transport Authority. The petitioner thereafter filed an appeal before the transport Appellate Tribunal challenging the resolution of the Regional Transport authority on various grounds. The Transport Appellate Tribunal dismissed the petitioner's appeal as tune-barred. After the dismissal of the appeal, the petitioner filed the present writ application challenging the resolution of the Regional transport Authority as also the order of the Transport Appellate Tribunal dismissing the appeal as time-barred, on various grounds which shall be referred to hereinafter. The petitioner also submitted an application for staying the operation of the resolution of the Regional Transport Authority. This application came up before a learned Single Judge of this Court on 28-3-69. The learned judge in the absence of any opposition by the Regional Transport Authority, stayed the operation of the resolution of the Regional Transport Authority cancelling the petitioner's permit and allowed the petitioner to ply his bus.
(3.) THE Regional Transport Authority and the Transport Appellate Tribunal have not cared to appear to oppose the writ application.;