GOVERDHAN LAL DHAWAN versus STATE OF BIHAR & OTHERS

GOVERDHAN LAL DHAWAN versus STATE OF BIHAR & OTHERS

The Motor Vehicles Act, 1939 does not require a prior agreement between Regional Transport Authorities before granting an inter-regional stage carriage permit; permits can be issued by the Authority having jurisdiction under section 45, but such permits must be countersigned by the Authority of the other region under section 63 to be valid in that region. The absence of a rule or provision requiring prior agreement means the application for a permit can be considered without such agreement. Accordingly, the High Court rightly dismissed the writ petition.

Parties
Petitioner: Goverdhan Lal Dhawan; Respondent: State of Bihar & Others
Jurisdiction
India
Judgment Date
27 July 1988
Procedural Posture
Special Leave Petition (civil) / Appeal From Dismissal of Writ Petition by Patna High Court
Outcome
Petition dismissed
Legal Topics
Motor Vehicles Permits, Inter Regional Stage Carriage Permits, Jurisdiction of Regional Transport Authorities
Administrative Law Transport Law Motor Vehicles Permits Inter Regional Stage Carriage Permits Jurisdiction of Regional Transport Authorities

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Parties

Goverdhan Lal Dhawan

Petitioner

State of Bihar & Others

Respondent

Procedural Posture

Special Leave Petition (civil) / Appeal From Dismissal of Writ Petition by Patna High Court

Legal Issues

  1. 1 Whether a prior agreement between two or more Regional Transport Authorities of regions through which an inter-regional route passes is necessary before any one of them may grant a permit to ply a stage carriage on such route under the Motor Vehicles Act, 1939

Ratio Decidendi

The Motor Vehicles Act, 1939 does not require a prior agreement between Regional Transport Authorities before granting an inter-regional stage carriage permit; permits can be issued by the Authority having jurisdiction under section 45, but such permits must be countersigned by the Authority of the other region under section 63 to be valid in that region. The absence of a rule or provision requiring prior agreement means the application for a permit can be considered without such agreement. Accordingly, the High Court rightly dismissed the writ petition.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed