ASHUTOSH SWAIN ETC. ETC. versus STATE TRANSPORT AUTHORITY & ORS.

ASHUTOSH SWAIN ETC. ETC. versus STATE TRANSPORT AUTHORITY & ORS.

It is not necessary for applicants seeking an all-India tourist permit under section 63(7) of the Motor Vehicles Act, 1939 to hold a pre-existing contract carriage permit. The rules relied upon by the High Court are inapplicable to such permits, and applications may be directly submitted to the State Transport Authority.

Parties
Appellant: Ashutosh Swain; Respondent: State Transport Authority & Ors.
Jurisdiction
India
Judgment Date
01 March 1985
Procedural Posture
Civil Appeals / Appeal by Special Leave From High Court Judgment
Outcome
Appeals allowed; High Court judgment quashed; State Transport Authority's grant of all-India tourist permits to appellants restored.
Legal Topics
Tourist Vehicle Permits, All India Permit, Contract Carriage Permit, Motor Vehicles Act
Transport Law Tourist Vehicle Permits All India Permit Contract Carriage Permit Motor Vehicles Act

Case Brief

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Parties

Ashutosh Swain

Appellant

State Transport Authority & Ors.

Respondent

Procedural Posture

Civil Appeals / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether only holders of existing contract carriage permits are eligible to apply for endorsement to ply tourist vehicles on all-India operation.
  2. 2 Applicability of Orissa Tourist Vehicles Rules, 1967, Rule 3 (2), (3), (4) to all-India tourist permit proceedings under Motor Vehicles Act, 1939, section 63(7).

Ratio Decidendi

It is not necessary for applicants seeking an all-India tourist permit under section 63(7) of the Motor Vehicles Act, 1939 to hold a pre-existing contract carriage permit. The rules relied upon by the High Court are inapplicable to such permits, and applications may be directly submitted to the State Transport Authority.

Court Disposition

Appeals allowed; High Court judgment quashed; State Transport Authority's grant of all-India tourist permits to appellants restored.

Orders

  • Judgment of the High Court set aside.
  • Decision of State Transport Authority granting all-India tourist permits to appellants restored.