Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Art. 226--Order of Traffic Board grant· ing permit to run motor buses to particular person |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1939 (4 of 1939) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, Art. 226--0rder of Traffic Board granting permit to run motor buses to particular person-Application to High Court by rival claimant under Art. 226 for quashing the order and for a direction to grant permits to him-Maintainability jurisdiction of High Court to interfere-Motor Vehicles Act, 1939 -Grant of permit-Whether depends on ownership of bus-Discretion of Traffic Board. The writs referred to in Art. 226 are intended to enable the High Court to issue them in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction , or in excess of it:, or in violation of the principles of natural justice, or refuse to exercise a jurisdiction vested in them, or there is an error apparent on the face of the record and such act, omission or error or excess has resulted in manifest injustice. However extensive the jurisdiction may be, it is not so wide or large as to enable the High Court to convert itself into a court of appeal and examine for itself the correctness of the decisions impugned and decide what is the proper view to be taken or the order to be made. The Motor Vehicles Act contains a complete and precise scheme for regulating the issue of permits, providing what matters are to be taken into consideration as relevant and prescribing appeals and revisions from subordinate bodies to higher authorities, and the issue or refusal of permits is solely within the discretion of the transport authorities; it is not a matter of right. Where, in a dispute between two rival claimants for running through a particular route five buses, which each of them alleged he had purchased from a third person, the Central Road Traffic Board, Madras, after calling for a report from the Regional Transport Officer and considering several circumstances that had a material bearing on the case, restored the permanent permits which had been granted to one of the claimants, but on an application by the other claimant under Art. 226 of the Constitution td the High Court of Madras for a writ of certiorari quashing the orders of the Regional Transport Authority, the Central Road Traffic Board and the State of Madras and for a: writ of mandamus to the respondents to transfer, issue or grant permanent permits to the petitioner', the High Court set aside . . the order of the Central Traffic Board, relying mainly on the fact that the petitioner's title to. the five buses had been established and directed the Regional Traffic Authority to grant to the petitioner permits in respect of the five buses : |
Judge | Hon'ble Mr. Justice N. Chandrasekhara Aiyar |
Neutral Citation | 1952 INSC 15 |
Petitioner | Veerappa Pillai |
Respondent | Raman & Raman Ltd. And Others |
SCR | [1952] 1 S.C.R. 583 |
Judgement Date | 1952-03-17 |
Case Number | 159 |
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