Research › Browse › Judgment

Karnataka High Court · body

1973 DIGILAW 306 (KAR)

V. MUNI REDDY v. MYSORE STATE TRANSPORT APPELLATE TRIBUNAL

1973-11-06

K.J.SHETTY

body1973
( 1 ) Y. K. Rudrappa, the father of Respondent 3 filed an application on 29-1-1964 for a permit on route Bangalore to Hosur. The application was notified in the Mysore Gazette dt. 2-9-1965 under S. 57 (3) of the Motor vehicles Act. Petitioner was one of the objectors, who filed his representation. Before the disposal of the application, the Motor Vehicles (Karnataka amendment) Act II of 1967 was brought into, force with effect from 25-5-1967. Under the amended provisions of Sec. 45 of the Act, the State government issued a notification dt. 8-6-1967 in the Official Gazette directing that for application in respect of a vehicle proposed to, be used in two or more regions lying in different Stages, the State Transport Authority is the competent authority to entertain such application. Consequently, the pending applications before the Regional Transport Authority stood transferred to the State Transport Authority, which after hearing the interested parties, granted the permit to respondent 3 on 6-8-1971. Against the grant, the petitioner appealed before the Karnataka State transport Appellate Tribunal. Tho Tribunal has dismissed the appeal. ( 2 ) AGGRIEVED by the order of the Tribunal the petitioner has approached this Court. ( 3 ) MR. Viswanath, learned Counsel for the petitioner, does not dispute that the RTA, Bangalore, lost its jurisdiction to dispose of the application of respondent 3, when the State Government issued the notification dt. 8-6-1967. But he urged that in the absence of any provision under the amending Act providing for the transfer of the pending application to the sta. , the RTA. , Bangalore, should have heard and disposed of the application of respondent 3. ( 4 ) THE contention appeals to me to be not tenable. If the RTA. , Bangalore has lost its jurisdiction on 8-6-1967. it cannot proceed with that application thereafter. On that day the STA got the jurisdiction to dispose of that application. It is, therefore, not open to the petitioner to contend that the RTA haying lost its jurisdiction on 8-6-1967 should have still considered and disposed of the application of Respondent 3. , Bangalore has lost its jurisdiction on 8-6-1967. it cannot proceed with that application thereafter. On that day the STA got the jurisdiction to dispose of that application. It is, therefore, not open to the petitioner to contend that the RTA haying lost its jurisdiction on 8-6-1967 should have still considered and disposed of the application of Respondent 3. ( 5 ) THE Act II of 1967, of course, does not provide for the transfer of the pending application from the RTA Bangalore to the STA, but it is implied that consequent on the change in the forum the pending applications before the RTA Bangalore should stand transferred to the STA. In my opinion, the STA was right in considering the application and disposing of it in accordance with law. No Other contention was urged for consideration. The petition is rejected. --- *** --- .