VIKRAMADITYA PRASAD, J. - (1.) HEARD both the sides.
(2.) THE petitioner has challenged an-nexure-13 of the writ petition whereby and whereunder the respondent no. 5 rejected the representation of the petitioner, which was to be disposed of in compliance of the order passed in CWJC No. 10106 of 2000. The main question is whether this writ can be disposed of on a preliminary point of jurisdiction of the authority passing the impugned order. On perusal of paragraph 7, 8, 9 and 10, it appears that the petitioner was objector in the impugned proceeding his case was that the permit stands in the name of petitioner from Tata to Hazaribagh in which time of departure from Tata is 09.5 am.
(3.) I revert to maintainability of the impugned order on the point of jurisdiction Admittedly this matter is covered under the provision of Motor Vehicle Act, 1988, Section 88 Clause (1) reads as follows : Except as may he otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other region and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that State or by the Regional Transport Authority concerned. Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the counter signature of the Regional Transport Authority of the other region or of each of the other regions concerned. Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometers, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been counter signed by the State Transport Authority or the Regional Transport Authority of that other State. Provided also that- (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence, and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been counter signed by the State Transport Authority or the Regional Transport Authority of that other State. ;