High Court Karnataka High Court

Karnataka State Road Transport … vs The Regional Transport … on 4 June, 1980

Karnataka High Court
Karnataka State Road Transport … vs The Regional Transport … on 4 June, 1980
Equivalent citations: AIR 1980 Kant 163
Bench: K Swami


ORDER

1. In this petition under Articles 226 and 227 of the Constitution, the petitioner has challenged the resolution passed in Subject No. 7/75 by the first respondent granting temporary permit to of petitioner under S. 68F (1A) of the Motor Vehicles Act (hereinafter referred as the Act), to the extent it restricts the permit for a period of one year. It is not in dispute that the State Government has published a draft scheme under S. 68C of the Act, known as Chitradurga-Davangere Draft Schemes. The route in question namely Malebennur to Chitradurga and back via Harihara, Davangere and Bharamasagar is one of the routes notified in the Drift Scheme. The petitioner being a State Transport Undertaking, made an application under S. 68F (IA) of the Act, for grant of a temporary permit on the aforesaid route during the period from the publication of the Draft Scheme till the location of the approved scheme. The respondent while granting I the permit has restricted it to a period of one year. The permit granted under S. 68F (1A) read with S. 68F (IB) of the Act is to be operative until the grant of the permit to the petitioner under sub-section (1) of S. 68F of the Act on the publication of the Scheme under sub-section (3) of S. 68D of the Act, or if the scheme Is not published under S. 68D (3), until the expiration of the one Reek from the date on which the order under S. 68D (2) is made. That being so, it was not at all open for the 2nd respondent to restrict the permit for a period of one year. The duration of the temporary permit issued under S. 68F (IA) of the Act, is regulated by the provisions contained in S. 68F (1B) of the Act, itself. Therefore, restricting the permit for a period of one year is not called for. Accordingly, the resolution passed by the second respondent in Subject No. 7 of 1975 in so far it relates to restricting of the permit for a period of one year is hereby quashed permit granted to the Petitioner under S. 68F (1A) of the Act, will be operative as per the provisions contained in S. 68F (1B) of the Act.

2. Petition allowed.