G.S. KALBURGI Vs. THE COMMISSIONER FOR TRANSPORT IN MYSORE AND ANOTHER

JUDGEMENT

(1.) THE petitioner is the owner of a motor vehicle which was checked by a Superintendent of Police when it was performing the journey on a road known as the Kolhar Bilgi road. The Superintendent made a report that when he asked the petitioner's driver for the production of the permit, it was not produced. After this checking was done on October 28, 1964, a notice was issued to the petitioner on December 19, 1964, asking him to show cause why the registration certificate of the vehicle should not be suspended under Section 331b of the Motor Vehicle Act.

(2.) THE Petitioner, through his communication addressed to the Regional Transport Authority, who had issued that notice to him, denied that he had committed any act which would justify the suspension of the registration certificate and pleaded that although a permit had been granted earlier, it had not been issued. The Secretary of the Regional Transport Authority who was the Registering Authority within the meaning of Section 33 of the Motor Vehicles Act, made an order suspending the registration certificate for a period of three months, and that order was confirmed by the Commissioner for Transport in the appeal preferred by the petitioner under Section 35.

(3.) THE remaining part of the order is the operative portion by which the suspension of the registration certificate was made.