MAHENDRA BHUSHAN SHARMA, J. - (1.) THE four above numbered special appeals though have been filed against separate orders of the learned Single Judge passed in four S.B. Civil Writ petitions, but because they relate to the transfer of stage carriage Permit and/or replacement of a vehicle covered by the same and S.B. Civil Writ petition No. 365/1985 referred for decision by the learned Single Judge also relates to the same controversy all cases are being disposed of by a common judgment.
(2.) ALLADIN and Allahnoor are real brothers. An application under Section 46 of the Motor Vehicles Act, 1939 (for short 'the Act') in the prescribed from was filed on September 23, 1961 in the joint names of Alladin and Allahnoor on Kishangarh -Nasirabad route in Jaipur region. The application was signed only by Allahnoor, one of the two brothers. After following the procedure laid down for the grant of non -temporary stage carriage permit, the RTA Jaipur (for short, RTA) granted a permit No. 2445 for Kishangarh -Nasirabad route to Allahnoor Alladin in the year 1963 and the permit was availed on vehicle No. RJR 670 of 1954 model. The route Kishangarh -Nasirabad was later on extended to Kishangarh -Vijaynagar. The permit was renewed as and when the renewal became due and the last renewal of the permit was vide order dated 18th June, 1981 of the RTA validating the permit upto June 26, 1984. Bus No. RJP 670 was later on replaced by another bus No. RJZ 6214 of 1963 model. Allahoor executed an irrevocable general power of attorney on February 13, 1979 in favour of Nandkishore Goyal son of Shri Kanhaiyalal Goyal and under Clause 5 of the said general power of attorney, Allahnoor also authorised the attorney handkishore to sell, mortgage, allienate, transfer or gift the bus No. RJZ 6214 and the permit covered thereon to any person at any price whom Nandkishore may deem fit and to receive price thereof and to execute the necessary documents for transfer of the ownership of the bus and the permit covered thereto. Under Clause 4 of the power of attorney, Nankisbore was also authorised to apply for the transfer of the bus and to seek replacement of the bus No. RJZ 6214 of 1963 model with any other bus from time to time. Nandkishore as attorney of Allahnoor and Kanhaiya Lal submitted an application on February 4, 1982 for transfer of the permit in the name of Kanhaiyalal, under Rule 103 of the Rajasthan Motor Vehicles Rules, 1951 (for short, 'the Rules'). The application was accepted by the Secretary, RTA on February 5, 1982. A revision petition was filed by Allahnoor Alladin against the aforesaid order of the Secretary, RTA and the State Transport Appellate Tribunal (here in after called the 'STAT') accepted the revision under its order dated August 3, 1982 and the case was remanded to the Secretary, RTA with the direction that the application for transfer of the permit be heard again by going in detail to find out as to who has been acting for the permit -holders all along over the years and thereafter to pass fresh order in the case. A writ petition against that order of the STAT filed by Kanhaiyalal was dismissed in limine. On remand, the case was re -considered by the Secretary, RTA who again vide his order dated January 27, 1983 accepted the application for transfer of the permit. Again the matter was taken in revision to the STAT, who accepted the same under its order dated March 23, 1983 on the ground that under rule 78 of the Rules, the power to transfer the permit could not be delegated to the Secretary, RTA and as such his order was without jurisdiction. The case was remanded back to the RTA second time, with the* direction that the RTA itself hear both this parties and decide the matter in furtherance of the order of the STAT. On remand, the matter was considered by the RTA and before the RTA Allahnoor -Alladih appeared and gave out that they did not want the transfer of the permit in favour of Kanhaiyalal. The RTA under its order dated December, 1983 did not accord its permission to transfer the permit. Nandkishore and Kanhaiyalal filed an appeal No. 347. 1983 before the STAT against the aforesaid order of the RTA and the learned; STAT held that Allahnoor -Alladin were the joint permit -holders and plea of Kanhaiya Lal that Allahnoor -Alladin was only the trade name and that Allahnoor alone was the owner of the permit was not accepted. The STAT further held that the application for transfer of the permit so far as the right and interest of one of the joint permit holders is concerned could be filed by one of the joint permit holders and because Nand Kishore was general power of attorney holder of Allahnoor, one of the permit holders, by virtue of the powers given to him in the power of attorney, Nand Kishore could have transferred the permit only to the extent of right and interest of Allahnoor. The STAT, therefore, set aside the order dated December 5, 1983 of the RTA and partly accepted the appeal and the permission was granted to Kanhaiya Lal Nand Kishore for transfer of the permit No. 2445 to the extent of the share and interest of Allahnoor only. It further directed that the name of Kanhaiya Lal should be placed in the permit in place Allahnoor and the interest of Allahnoor shall stand transferred to Kanhaiya Lal.
(3.) AFTER dismissal of the application for permission to transfer under its order dated December 5, 1983 by the RTA, Allahnoor -Alladin submitted an application on December 7, 1983 under Sub -section (2) of Section 59 of the Act, for replacement of bus No. RJZ 6214 of 1963 model which was got transferred by Kanhaiya Lal in his name on the application of Nand Kishore, his son and general power of attorney holder of Allahnoor. The application for replacement was allowed on April 28, 1984, A revision petition No. 24 of 1984 was filed by Kanhaiya Lal Nand Kishore against the aforesaid order of replacement of the bus passed by the RTA and the STAT under its order dated July 17, 1984, stayed the implementation of the order dated April 28, 1984 till further orders. It may be stated that ultimately the revision petition No. 24/1984 in which the above referred stay order was passed on July 17, 1984 was dismissed by the STAT under its order dated February 21, 1985, and the order of the RTA allowing the application of Allahnoor Alladin for replacement of the bus was upheld.;