MADHYA PRADESH STATE ROAD TRANSPORT CORPORATION Vs. STATE TRANSPORT AUTHORITY M P GWALIOR

JUDGEMENT

(1.) THE facts giving rise to this petition are that Ratanlal Agarwal, respondent No. 2 in this petition, was holder of a stage carriage permit for the route Shivpuri to Jhansi via Karera which is an interstatal route. The permit expired on 4th September 1971. Ratanal applied for renewal of this permit on 29th April 1971. The Madhya Pradesh State Road Transport Corporation opposed the grant of the renewal on the ground that the route was covered by Scheme 27-M which was published in the Government Gazette on 22nd October 1971. The State Transport Authority allowed the renewal of the permit by its order dated 2nd December 1971. The Corporation then filed the present petition under Article 226 of the Constitution challenging the order of renewal.

(2.) THE learned counsel for the petitioner contended that the State Transport Authority had no jurisdiction to renew the permit in view of Section 68f (1-D) of the Motor Vehicles Act, 1939. In reply it was contended by the learned counsel for Ratanlal that a temporary permit was granted to Ratanlal on 5th September 1971 during the pendency of his renewal application and this temporary permit expired on 4th January 1972 after the publication of the scheme, hence it must be held that the original permit itself expired after the publication of the scheme and Ratanlal became entitled to renewal under the proviso to Section 68 (1-D ). It was also contended that the Scheme 27-E was made under Section 68-E for modification of approved Scheme No. 27 and to such a scheme the provisions of Section 68f (1-D) have no application. Lastly it was contended that if the application for renewal cannot be allowed, it should be kept pending till the publication of the approved scheme as no provision has been made for rejection of such an application.

(3.) THE subject of preparation and publication of a scheme is dealt with in Section 68-C which reads as under :