RATTAN LAL GUPTA & ORS. ETC. ETC. versus SURAJ BHAN & ORS. ETC. ETC.

RATTAN LAL GUPTA & ORS. ETC. ETC. versus SURAJ BHAN & ORS. ETC. ETC.

Permits cannot be granted on a route unless the RTA has fixed the number (strength) of stage carriage permits under section 47(3) of the Motor Vehicles Act, 1939; reduction of existing permit strength on the shorter route was illegal; the third group was entitled to grants on the shorter route as strength was fixed and valid applications were pending.

Parties
Appellants (first Group): Rattan Lal Gupta & Ors.; Appellant (first Group): Uma Sharan Sharma; Appellant (first Group): Sewa Ram; Appellant (first Group): Dharam Das Agarwal; Appellant (first Group): Land Lines Pvt. Ltd.; Appellant (first Group): Smt. Kusum Lata; Appellant (first Group, Son of Madan Mohan Lal): Tribhuvan Kumar; Deceased Appellant (first Group): Madan Mohan Lal (deceased); Appellants (second Group)/respondents in Other Matters: Suraj Bhan & Ors.; Appellant (third Group): Harish Chandra; Appellant (third Group): Mahendra Kumar Tayal; Appellant (third Group): Shanti Swarup Jain; Appellant (third Group): Mitranand Kaushaik; Appellant (third Group): Baru Mal Agarwal; Appellant (third Group): Gur Prasad; Appellant (third Group): Richpal Singh; Appellant (third Group): Bhagwan Singh Sambi; Objector/respondent: Mohd. Ibrahim; Intervener/respondent: J.P. Goyal and V.C. Parashar
Jurisdiction
India
Judgment Date
29 November 1973
Procedural Posture
Civil Appeals and Special Leave Petitions / Supreme Court Appeal From Allahabad High Court Judgments/orders
Outcome
Appeals of the first and second groups dismissed; appeals of the third group allowed; judgment of High Court quashed only as to the third group; permits of third group restored if cancelled.
Legal Topics
Motor Vehicles Act—stage Carriage Permits, Regional Transport Authority Powers, Fixation of Permit Strength, Appraisal of Administrative Discretion
Transport Law Administrative Law Motor Vehicles Act—stage Carriage Permits Regional Transport Authority Powers Fixation of Permit Strength Appraisal of Administrative Discretion

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Parties

Rattan Lal Gupta & Ors.

Appellants (first Group)

Uma Sharan Sharma

Appellant (first Group)

Sewa Ram

Appellant (first Group)

Dharam Das Agarwal

Appellant (first Group)

Land Lines Pvt. Ltd.

Appellant (first Group)

Smt. Kusum Lata

Appellant (first Group)

Tribhuvan Kumar

Appellant (first Group, Son of Madan Mohan Lal)

Madan Mohan Lal (deceased)

Deceased Appellant (first Group)

Suraj Bhan & Ors.

Appellants (second Group)/respondents in Other Matters

Harish Chandra

Appellant (third Group)

Mahendra Kumar Tayal

Appellant (third Group)

Shanti Swarup Jain

Appellant (third Group)

Mitranand Kaushaik

Appellant (third Group)

Baru Mal Agarwal

Appellant (third Group)

Gur Prasad

Appellant (third Group)

Richpal Singh

Appellant (third Group)

Bhagwan Singh Sambi

Appellant (third Group)

Mohd. Ibrahim

Objector/respondent

J.P. Goyal and V.C. Parashar

Intervener/respondent

Procedural Posture

Civil Appeals and Special Leave Petitions / Supreme Court Appeal From Allahabad High Court Judgments/orders

Legal Issues

  1. 1 Whether the Regional Transport Authority (RTA) could grant permits for the longer route without first fixing the strength under section 47(3) of the Motor Vehicles Act, 1939
  2. 2 Whether the reduction of strength on the shorter route from 25 to 9 permits was legal
  3. 3 Whether the merging or maintaining of separate routes required specific decisions under the Motor Vehicles Act

Ratio Decidendi

Permits cannot be granted on a route unless the RTA has fixed the number (strength) of stage carriage permits under section 47(3) of the Motor Vehicles Act, 1939; reduction of existing permit strength on the shorter route was illegal; the third group was entitled to grants on the shorter route as strength was fixed and valid applications were pending.

Court Disposition

Appeals of the first and second groups dismissed; appeals of the third group allowed; judgment of High Court quashed only as to the third group; permits of third group restored if cancelled.

Orders

  • Permits granted to appellants in the third group, if already cancelled in pursuance of High Court order, will be restored to them.
  • Appellants (third group) to surrender permits for the longer route.