GOKAL CHAND MITAL, C. J. - (1.) The respondent is owner of vehicle No. RSY 2815 of 1973 model and has permit for passenger bus having seating capacity of 54. On 3rd of May, 1986, he gave notice to the Registering Authority to seek approval for alteration of seating capacity from 54 to 40. He did not receive any reply within 7 days and, therefore, under proviso to Section 32(2) of the Motor Vehicles Act, 1939 he deemed that approval was granted and made alteration in the seating capacity after depositing the necessary fees.
(2.) On 15th of December, 1986, the bus was inspected by the concerned Authorities and the variation in the seating capacity was found and the respondent was asked to explain. The explanation was furnished that he had submitted the application for alteration of seating capacity on 3rd of May, 1986 which was entered in the Inward Register at serial No. 3050(1) and since no order of approval was passed, it had been deemed that the approval was granted. The Registering Authority was not satisfied and passed the order Annexure-6 dated 16/01/1987 refusing to grant permission for alteration of the seating capacity.
(3.) The aforesaid order was challenged by the bus owner in a writ petition filed before this Court and a learned single Judge found on examination of evidence that the bus owner had applied to the Registering Authority vide Entry 3050 on 3rd of May 1986 and that Entry seems to have been interpolated by changing the number of the vehicle, In this view of the matter, the learned single Judge proceeded to rely on the proviso to Section 32(2) of the Motor Vehicles Act, 1939 and said that after the expiry of 7 days from the date of notice, it had to be deemed that the approval was granted for changing the number of seats. As a result, the writ petition was allowed, order Annexure-6 dated 16/01/1987 was quashed and it was declared that the writ petitioner's application seeking permission for alteration in the Registration Certificate which was filed on 3rd of May, 1986 was deemed to be approved on the expiry of 7 days without am communication from the Registering Authority. .;