Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Road Transport Corporation Act Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Road Transport Corporations Act, 1950 (64 of 1950) Motor Vehicles Act, 1939 (4 of 1939) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Motor Vehicles Act, 1939: ss. 68-C, 68-D, 68-F, 68-FF, 42 and 59: State Road Transport Corporation- permit issued to-Private operator whether entitled to ply his motor vehicle as nominee of Corporation. Road Transport Corporation Act, 1950: s.19(2)(h}--State Road Transport Corporation not authorised to allow private operator to run his vehicle on a permit issued to the Corporation. Section 68-FF of the Motor Vehicles Act, 1939 prohibits grant of permit in respect of notified area or notified route by State Transport Authority or the Regional Transport Authority except in accordance with the scheme published under sub-s. (3) ofs. 68-D but provides for grant of temporary permits in cases where no application for a permit has been made by the State Transport Undertaking in respect of such notified area or route. Section 59 bars transfer of permits from one person to another except with the permission of the concerned Transport Authority. Section 42 prohibits the owners of transport vehicles from plying them in public places except in accordance with the conditions of the permit. Under an agreement entered into with the respondent Corporation the petitioner was permitted to ply his bus on a specified route as a nominee of the former for a period of live years ending on December 23, 1982. Thereafter the respondent was issued temporary permits and the petitioner was permitted by it to ply his motor vehicle on monthly basis. The route in question had by then been brought within a scheme published under. s. 68-C of the Act. The respondent through an advertisement dated August 12, 1984 invited tenders from, private operators for the grant of privilege of running buses as stage carriages as its nominees. Aggrieved by the said advertisement the petitioner filed a writ petition in the High Court assailing the decision to invite tenders as arbitrary and illegal, and for a writ in the nature of mandamus directing the respondent Corporation to allow him to ply his motor vehicle as its nominee for a further period of live years. Under an interim order of the Court he continued to ply his bus as a stage carriage till May 31, 1985. Subsequently, the High Court dismissed the petition since the scheme published under s. 68-C of the Act had been approved and brought into effect from June 1, 1985. |
Judge | Honble Mr. Justice E.S. Venkataramiah |
Neutral Citation | 1986 INSC 251 |
Petitioner | Brij Mohan Parihar |
Respondent | M.p. State Road Transport Corporation & Ors. |
SCR | [1987] 1 S.C.R. 369 |
Judgement Date | 1986-11-25 |
Case Number | 3486 |
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