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1979 DIGILAW 75 (KAR)

S. R. RANGIAH v. R. T. A. CHITRADURGA

1979-03-16

CHANDRASHEKHAR

body1979
( 1 ) IN this writ petition the petitioner who was a permit holder bearing no BP. 2/71-72 on the route Upperigenahally to Davanagere as a stage carriage operator held that permit up to 27-3-1977. He hap admitted in his statement of the case that he could not apply for renewal of the permit from the aforementioned date within the time prescribed by Secs. 58 (2) and (3) of the Motor Vehicles Act 1939 (hereinafter referred to as the act ). His belated application was considered by the 1st responclent- regional Transport Authority Chitradurga in its Subject No. 56/1977 on 30-5-77 and it rejected the same on the sole ground that it was net filed within the time stipulated under Secs. 58 (2) and (3) of the Act. Aggrieved by the resolution of the Regional Transport Authority the writ petitioner preferred an appeal to the 2nd respondent the Karnataka State transport Appellate Tribunal (hereinafter referred to as the Tribunal) in appeal No. 559/1977. After hearing the; appellant the Presiding Officer of the Tribunal dismissed the appeal relying upon a decision of the Supreme court in the case of Mohd. Ashifaq v. State Transport Appellate Tribunal u. P. in Civil Appeal No. 871 (N) 74 dated 10-9-1976. The relevant portion of the decision of the Supreme Court is as follows: - sub-sec. (3) of Sec. 58 confers a discretion on the Regional transport Authority to entertain an application for renewal when it is made beyond the time limit specified in the proviso to sub-sec. (2) but not more than 15 days late and the discretion is to be exercised in favour of entertaining the application for renewal when it is shown that there was sufficient cause for not making it in time sec. 58 (3) clearly means that if the application for renewal is beyond time by more than 15 days the RTA has no power to condone the delay. This express provision excludes the applicability of Sec. 5, limitation Act, in the cases where the application is delayed by more than 15 days ( 2 ) FROM the above it is clear, that the Regional Transport Authority had no jurisdiction to entertain the application of the writ petitioner for renewal of his permit, if it had been made beyond the periods mentioned in Sees. 58 (2) and (3) of the Act. 58 (2) and (3) of the Act. ( 3 ) SHRI P. R. Srirangaiah, learned counsel appearing for the petitioner contended that had the petitioner been given an opportunity to have ms application published, then he would have had the advantage of being heard fully and there would have been no objection for the renewal of his permit. This may be so if the application was validly made and could be construed as one made in accordance with law. Since that is not the position, this argument of the learned counsel is of no avail. ( 4 ) THERE is no apparent error of law in the order of the Tribunal or the Resolution of the 1st respondent-Regional Transport Authority and on the other hand is in conformity with the law declared by the Supreme court, Therefore, this writ petition is dismissed without issuing Rule. --- *** --- .