C.M.LODHA, J. - (1.) THIS writ application raises an important question viz. whether the first proviso to Sub -section (1) of Section 45 of the Motor Vehicles Act, 1939 (Act No. 4 of 1939) (which will hereinafter be referred to as 'the Act'), applies to the case of an application for a temporary permit also. It reads as under : '45. General provision as to applications for permits : (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 major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles.'
(2.) THE question arises in the following circumstances. There is Shahpura -Kekri route of 40 miles, out of which 16 miles He in Udaipur region and 24 miles lie in Jaipur region. The petitioner applied for a temporary permit on this route to Regional Transport Authority, Udaipur. The non -petitioner No. 3 Messrs. Kailash Bus Service, which is the existing operator on this route, opposed the application filed by the petitioner on two grounds viz. (1) that applications for grant of a new permit on the route in question under Section 46 of the Act were pending before the Regional Transport Authority, Jaipur and, therefore, no temporary permit could be granted in respect of this route, and (2) that the Regional Transport Authority, Udaipur has no jurisdiction to entertain the application, as the major portion of the route lies within the region of the Regional Transport Authority, Jaipur. The objections raised by the non -petitioner No. 3 were overruled and the Regional Transport Authority, Udaipur by its resolution dated 27th November, 1974 (Ex. P/1) allowed the petitioner's application and granted temporary permit to him on the route in question for a period of four months commencing from 9 December, 1974 to 8 April, 1975. Aggrieved by the decision of the Regional Transport Authority, Udaiour, the non -petitioner No. 3 filed appeal and the State Transport Appellate Tribunal, Rajasthan, Jaipur, by its order dated 10 February, 1975, allowed the appeal and set aside the resolution of the Regional Transport Authority, Udaipur dated 27 November, 1974 holding that it had no jurisdiction to entertain the petitioner's application for grant of a temporary permit on the route in question, as the major portion of the route admittedly lies within the jurisdiction of the Regional Transport Authority, Jaipur. The other ground raised by the non -petitioner No. 3 in opposition to the petitioner's application, that two applications for grant of new permits on the route in question were pending under Section 46 of the Act, was, however, not decided, as the petitioner was granted the desired relief on the first ground. It is this order of the State Transport Appellate Tribunal, Rajasthan, Jaipur dated 10 February, 1975 (Ex. P/10), which has been called into question by the petitioner in this writ petition.
(3.) IT has been held by this Court in Aman Khan v. Sheo Onkar, AIR 1968 Raj 161 that 'Section 45 is in the nature of a complete Code so far as the filing of applications over inter -regional routes is concerned.' It was observed that 'the obvious purpose underlying the proviso (1) to Sub -section (1) to Section 45 of the Act, therefore, was to remove uncertainty about the forum which had to be approached and it was, therefore, clearly provided as to before which authority an application for a permit on the inter regional route was to be made.';