Mohammad Yakub v. Regional Transport Authority State of M. P.
2013-02-21
S.C.SHARMA
body2013
DigiLaw.ai
JUDGMENT : The petitioner before this Court has filed this present petition being aggrieved by the grant of temporary permit, which has been granted in favour of the respondent No.3 vide order dated 29.12.12 by the Regional Transport Officer, Ujjain. 2. The contention of the petitioner is that by virtue of a notification dated 31.8.89, it is the Regional Transport Authority who can grant a temporary permit as powers have been conferred upon him under section 68 of the Motor Vehicles Act, 1988 and such a permit cannot be granted by the Secretary to the Regional Transport Authority. It has also been argued that the permit in question is in fact a grant which is existing for more than 4 months, as repeatedly permits are being granted on temporary basis by the Secretary to the Regional Transport Authority and therefore the action of the Secretary to the Regional Transport Authority is again a violative Section 87 of the Motor Vehicles Act, 1988. It has also been argued that while granting the permit the Secretary to the Regional Transport Authority has observed that the objections of the petitioners shall be decided by the Regional Transport Authority and therefore, the order passed by the Regional Transport Officer is bad in law. On the other hand, learned G.A. has straightway drawn the attention of this Court towards resolution dated 17.10.94 and his contention is that the Regional Transport Authority has delegated the powers in the matter of grant of temporary permit to the Secretary to the Regional Transport Authority and the same is in consonance with the Rule 67 of M.P. Motor Vehicles Rules, 1994. It has also been argued that the Secretary to Regional Transport Authority is competent to pass such an order taking into account the temporary need which arises from time to time in light of the delegation of powers. A reply has also been filed on behalf of the private respondent No.3 and the same view has been taken by him. Heard the learned counsel for the parties at length and perused the record. In the present case, it is an admitted fact that there is a valid notification delegating the powers to the Secretary to the Regional Transport Authority dated 17.10.94. Sub-rule (1)(f) of rule 67 of M.P. Motor Vehicles Rules 1994 reads as under :- “67.
Heard the learned counsel for the parties at length and perused the record. In the present case, it is an admitted fact that there is a valid notification delegating the powers to the Secretary to the Regional Transport Authority dated 17.10.94. Sub-rule (1)(f) of rule 67 of M.P. Motor Vehicles Rules 1994 reads as under :- “67. Delegation of powers by Regional Transport Authority.-(1) A Regional Transport Authority may, by general or special resolution recorded in its proceedings and subject to such restrictions limitations and conditions as may be specified, delegate to Chairman, Secretary, Additional Secretary, or Assistant Secretary of the Authority all of any of the following powers, namely:- (f) to grant or refuse to grant a temporary permit under section 87 or under sub-section 7 and 8 of section 88, as the case may be” The aforesaid statutory provision of law empowers the Regional Transport Authority to delegate the powers in the matter of grant or refusal of temporary permit and therefore, this court is of the considered opinion that the delegation on the part of the Regional Transport Authority is in consonance with the statutory provision as contained in Rule 67 of the Motor Vehicles Rules 1989. Not only this, the impugned order reveals that a fresh temporary permit has been granted to respondent No.3 w.e.f 1.1.13 to 28.2.13 in respect of route Rampur to Ujjain, however the impugned order reveals that the Secretary while granting the temporary permit has observed that the objections in the matter will be decided by the Regional Transport Authority. This court is of the considered opinion that there cannot be two authorities, one for granting permit and one for deciding the objections and therefore as the objections have not been decided and it has been observed that the Regional Transport Authority will be deciding the objections in the matter, the impugned orders passed by the Regional Transport Officer Annexures-P/31 and P/32 dated 29.12.12 are hereby set aside. It is needless to mention that in case a fresh temporary permit is granted by the Secretary to Regional Transport Authority (RTO), the same authority, who is granting temporary permit shall decide the objections of the objectors while passing the order in the matter of grant of temporary permit. With the aforesaid, the writ petition is disposed of. No order as to costs.