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1978 DIGILAW 156 (MP)

Gulzar Singh v. State Transport Appellate Authority, M. P. Gwalior

1978-02-24

A.R.NAVKAR, S.J.SURANA

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Short Note : The grievance of the petitioner is that the condition attached to the permit that the petitioner will have to pay passenger tax is illegal, even though he has consented to it. The permit is granted under section 48 of the Motor Vehicles Act, 1939. That section mentions what conditions can be attached when the permit is granted, but reading those conditions, this Court cannot hold that payment of passenger tax is a condition which can be attached to the permit itself. The consent by a party will not give any jurisdiction to the authority concerned which is a creation of law. So if under section 48 of the Motor Vehicles Act, 1939, such conditions cannot. be attached, then the R.T.A. and the S.T.A.T. were wrong in assuming that by consent such a condition can be attached to a permit. Kulsumbi v. S.T. Appellate Authority, M.P., Gwalior and others, M.P. No. 52 of 1967 decided on 29-3-1967 referred to. Petition allowed.