MUNICIPAL BOARD, PUSHKAR versus STATE TRANSPORT AUTHORITY, RAJASTHAN AND ORS.

MUNICIPAL BOARD, PUSHKAR versus STATE TRANSPORT AUTHORITY, RAJASTHAN AND ORS.

The Regional Transport Authority's order fixing the bus stand was made under r. 134 of the Rajasthan Motor Vehicles Rules, read with s. 68(2)(r) of the Motor Vehicles Act and not under s. 76. Such an order is open to revision under s. 64A. The effective date for limitation under s. 64A is the date of the notification. Since the revision application was made before the notification, the bar of limitation does not arise. However, since notice as required under the second proviso to s. 64A was not given, the proper course is to set aside the State Transport Authority's order and remand for decision after due notice.

Parties
Appellant: Municipal Board, Pushkar; Respondent: State Transport Authority, Rajasthan; Respondent: Respondents Nos. 2-6 (individual bus operators or parties)
Jurisdiction
India
Judgment Date
21 November 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From Rajasthan High Court Judgment and Order Dated August 31, 1961, D.b. Civil Writ No. 76 of 1961
Outcome
Appeal allowed. Orders of State Transport Authority and High Court set aside. Matter remanded.
Legal Topics
Revision Under Motor Vehicles Act, Fixation of Bus Stands, Limitation Under Motor Vehicles Act, Procedural Fairness
Administrative Law Transport Law Local Government Revision Under Motor Vehicles Act Fixation of Bus Stands Limitation Under Motor Vehicles Act Procedural Fairness

Case Brief

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Parties

Municipal Board, Pushkar

Appellant

State Transport Authority, Rajasthan

Respondent

Respondents Nos. 2-6 (individual bus operators or parties)

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Rajasthan High Court Judgment and Order Dated August 31, 1961, D.b. Civil Writ No. 76 of 1961

Legal Issues

  1. 1 Whether the order of the Regional Transport Authority shifting the bus stand was amenable to revision under s. 64A of the Motor Vehicles Act, 1939.
  2. 2 Whether the revision application under s. 64A was barred by limitation.
  3. 3 Whether a second revision application lay after the first was rejected.

Ratio Decidendi

The Regional Transport Authority's order fixing the bus stand was made under r. 134 of the Rajasthan Motor Vehicles Rules, read with s. 68(2)(r) of the Motor Vehicles Act and not under s. 76. Such an order is open to revision under s. 64A. The effective date for limitation under s. 64A is the date of the notification. Since the revision application was made before the notification, the bar of limitation does not arise. However, since notice as required under the second proviso to s. 64A was not given, the proper course is to set aside the State Transport Authority's order and remand for decision after due notice.

Court Disposition

Appeal allowed. Orders of State Transport Authority and High Court set aside. Matter remanded.

Orders

  • Matter sent back to the revisional authority for disposal according to law after giving requisite notice.
  • Parties to bear their own costs.