S. SRIKANTIAH & ORS. versus THE REGIONAL TRANSPORT AUTHORITY, ANANTAPUR & ORS.

S. SRIKANTIAH & ORS. versus THE REGIONAL TRANSPORT AUTHORITY, ANANTAPUR & ORS.

A government notification issued under section 43(1)(i), coupled with compliance by relevant authorities, statutorily amends permit conditions through section 59(3)(c), thereby authorising operators to collect enhanced fares without separate amendment of fare tables in permits.

Parties
Appellants: S. Srikantiah & Ors.; Respondents: The Regional Transport Authority, Anantapur & Ors.
Jurisdiction
India
Judgment Date
07 May 1971
Procedural Posture
Civil Appeal / Appeal From Andhra Pradesh High Court Judgment and Order Dated February 3, 1964 in Writ Petition No. 201 of 1963
Outcome
Appeal dismissed with costs.
Legal Topics
Taxation of Passengers and Goods, Permit Conditions, Fare Enhancement, Statutory Amendments
Administrative Law Motor Vehicles Law Taxation of Passengers and Goods Permit Conditions Fare Enhancement Statutory Amendments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S. Srikantiah & Ors.

Appellants

The Regional Transport Authority, Anantapur & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Andhra Pradesh High Court Judgment and Order Dated February 3, 1964 in Writ Petition No. 201 of 1963

Legal Issues

  1. 1 Whether operators are impeded from collecting enhanced fares without amendment of permit conditions
  2. 2 Whether statutory notification under section 43 automatically amends permit conditions for fare collection

Ratio Decidendi

A government notification issued under section 43(1)(i), coupled with compliance by relevant authorities, statutorily amends permit conditions through section 59(3)(c), thereby authorising operators to collect enhanced fares without separate amendment of fare tables in permits.

Court Disposition

Appeal dismissed with costs.

Orders

  • Collection of enhanced fares by operators without amendment to fare table does not entail cancellation of permits.
  • Respondents not entitled to payment or collection of enhanced surcharge from operators for the month of May 1959.