R L DODDAMANI Vs. R T A BTJAPUR

JUDGEMENT

(1.) This matter coming up for preliminary hearing after notice to respondents is disposed by the following order.

(2.) The respondents, though served have not entered appearance. On 30-3-1982 Court ordered service of a copy of the petition on the Government Advocate as well.

(3.) The petitioner applied to the respondent Regional Transport Authority, Bijapur, for a special permit under sub-sec. (6) of S. 63 of the Motor Vehicles Act (hereinafter referred to as the Act). The petitioner prayed for the special permit to be operative between 24-3-1982 and 18-4-1982 on the route specified. That application was not disposed of. But, on 23-3-1982, an endorsement was issued by the Secretary of the first respondent to the effect that the application will be considered in the month of May, 1982 Aggrieved, by the same, petitioner has approached this Court on 29-3-1982 praying for a writ of mandamus from this Court to consider She petitioner's application forthwith. But, even by the time he approached this Court, the period for which he had asked for the permit had commenced. It was in that circumstance, the Government Advocate was directed to take notice and also emergent notice was issued to the respondents. Undoubtedly, on the date on which the petition was presented in this court, the application of the petitioner had become technically defective inasmuch as the period for which it was required had commenced. But, he had presented the application on 18-3-1982. In the scheme of the Act such permits as are contemplated under sub-sec. (6) of S. 63 of the Act should receive priority in the matter of disposal. Either it may grant or reject the application well before the period of operation of the permit sought for commences. If that is not done, all applications under sub-sec. (6) of S. 63 of the Act would become infructuous.