SHRI NARAYAN CHANDRA TALUKDAR Vs. THE REGIONAL TRANSPORT AUTHORITY AND ORS.

JUDGEMENT

(1.) THE writ Petitioner herein impugns the judgment (sic) order dated 23.1.82 of the State Transport Appellate Tribunal, (sic) dismissing the Petitioner's appeal and affirming the decision (sic) of the Regional Transport Authority, Kamrup, Gauhati (sic)ns to renew the Periodic Stage Carriage Permit or the Petitioner.

(2.) THE Petitioner was granted Periodic Stage Carriage Permit (sic) 2/73 and he placed Bus No. ASZ 6423. On 23.1.80 the Petitioner (sic)duly submitted an application for renewal of his permit, I was granted a temporary permit after the expiry of the 6(sic) of the Periodic Stage Carriage Permit till 16.5.81 pending renewal of the periodic permit. As ill luck would have it the Petitioner's, vehicle met with an, accident while proceeding with marriage party on 12.3.81 in which the vehicle was damaged (sic) all Its documents were lost. However, the Petitioner not (sic) fited. to ejahar about the accident but also applied for duplicate copies of the lost documents in the office of the Regional reports Authority by paying Rs. 50/ - on 24.3.81. On 25.3.81 Regional Transport Authority met and rejected the Petitioner's application for renewal of his Periodic Stage Carriage Permit on ground that no documents relating to the vehicle could be produced by his representative. The Petitioner received a letter (sic) 21.7.81 directing him to stop plying his vehicle. Obtaining fortified copy of the order the Petitioner appealed under Section 64 of the Motor Vehicles Act to the State Transport Appellate Tribunal against the order dated 25.3.81 on 5.9.81 and obtained a stay order pending disposal of the appeal on 10.9.81. an before the appeal was filed on 5.9.81, the Petitioner paid arrear tax of Rs. 2,076/. for the period from 1.7.80 to 30.6.81. (sic)ring the pendency of the appeal, on 10.9.81 the Petitioner before the District Transport 'officer' his registration certificate valid: upto 30.9.81 and fitness certificate valid upto 1.8.82. He paid, on 1.10.81 tax of Rs. 504/ - for the period upto 31.12.81 period, later on 13.1.82 he paid another sum of Rs, 504/ - for the period upto 313.82 and insured the vehicle upto 12.11.82. The State Transport Appellate Tribunal by its Order dated 23.l.82 dismissed, the appeal pointing out, inter alia, that the Petitioner was a defaulter in respect of payment of token tax since 1.7.80 on 25.3.81 on which date the Regional Transports Authority met. Hence this petition. There is no doubt that on 25.3.81, when the R.T.A. took up the question of renewal of the Petitioner's Periodic Stage Carriage Permit, under Rule 78 of the Assam Motor Vehicle Rules lead with the provisions of Sections 57 and 58, of the Motor Vehicles Act, he was required to produce the documents in respect of hit vehicle, particularly the registration certificate, fitness certificate, insurance certificate and tax token up -to -date. Admittedly, though the Petitioner was represented before the R.T.A. none of those documents was produced and it is clear from the facts that hit vehicle having met with an; accident a fresh fitness certificate was yet to be obtained and the tax having been in arreas on that day no up -to -date tax token could be produced. Though, as has been observed in D. Nataraja Mudaliar v. The State Transport Authority Madras : (1978) 4 S.C.C. 290 at para 9. "The Authority must' remember that a permit holder has an ordinary right of renewal unless it is shown that outweighing reasons of public interest' lead to a contrary result and that permits are not bounty" but right, restricted reasonably by the Motor Vehicles Act", in the instant case admittedly no documents whatsoever could be produced before the R.T.A. at the relevant time. Section 57 of the Motor Vehicles Act lays down the procedure in; applying for and granting permits. Section 58(2) of the Act provides:

(3.) RULE 78 of the Assam Motor Vehicles Rules, 1940 provides: