A.P.S.R.T.C ETC. ETC versus STATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

Citation: [1998] 3 S.C.R. 1106 · Decided: 11-08-1998 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
A.P.S.R.T.C ETC. ETC. 
v. 
.. 
STATE TRANSPORT APPELLATE TRIBUNAL AND ORS. 
AUGUST 11, 1998 
B 
[S.C. AGRA WAL, S. SAGHIR AHMAD AND M. SRINIVASAN, JJ.] 
Andhra Pradesh Motor Vehicles Rules, 1989-Rule 258-Town 
Service-Meaning of-Motor Vehicles Act, 1985-Section 104. 
~ -
c 
Rules 258 (2)(ii)-Town service routes-Determination of -Power of 
Transport Commission limits of-Permission of Transport Commissioner-
Whether condition precedent for applying for a permit-Motor Vehicles Act 
1985-Sections 100(3) and 104. 
D 
Words and Pharses-Grant and Issue-Difference between. 
Under Section 104 of the Motor Vehicles Act, I 988, if any scheme is 
published under Section 100(3) of the Motor Vehicles Act, 1988, no permits 
can be granted in respect of any notified area or notified route except in 
} 
accordance with the provisions of the said scheme. The Government of 
E 
Andhra Pradesh, on 20.9.1998, notified a scheme in respect of the certain 
routes. The said scheme, however, exempted, inter alia, the holders of stage 
carriage permits in respect of town services. 
Under Sub-Rule 2 of Rule 258 of the Andhra Pradesh Motor Vehicles 
Rules, 1989 the Regional Transport Authority has power to determine which 
F routes are town service routes, subject to certain restrictions. The second 
restriction to the power of the Regional Transport Authority is that no route 
which extends more than 8 kilometres beyond the limits of the Municipality 
>-
or town from which it starts shall be labelled as town service. It is further 
provided that this restriction would not apply to those routes for which 
specific permission of the Transport Commissioner is obtained. 
G 
Some bus owners applied to the Regional Transport Authority for 
grant of permit in respect of the notified routes. The routes for which the 
permits were sought extended more than 8 kilometres beyond the limits of 
the Municipality/town frcm where they started. 
,, 
H 
The Regional Transport Authority rejected the applications of the bus 
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A.P.S.R.T.C v. STATE TRANSPORT APPELLATE TRIBUNAL 
1107 
owners for grant of permit for plying buses on the ground that the routes A 
applied for by them extended more than 8 kilometres beyond the limits of the 
Municipality/town and therefore, were not town service routes. 
On appeal, the State Transport Appellate Tribunal held that the routes 
applied for were town service routes falling under the exception to the 
scheme notified by the Government. The Tribunal granted the permit on the B 
condition that permission of the Transport Commissioner is obtained under 
Rule 258(2)(ii) of the Andhra Pradesh Motor Vehicles Rules, 1989. After 
the judgment of the Tribunal, the Transport Commissioner granted 
permission under Rule 258(2)(ii) of the Andhra Pradesh Motor Vehicles 
Rules, 1989 to the bus owners even though the routes applied for extended C 
more than 12 kilometres beyond the limits of Municipality/town in most of 
the cases. Thereafter, permits were issued to the bus owners. 
The Writ Petitions filed by the appellant against the order of the Sate 
Transport Appellate Tribunal were dismissed by High Court, Holding: 
(i) That the permision of the Transport Commissioner under Rule 258 
(2) (ii) of the Andhra Pradesh Motor Vehicles Rules, 1989 was not a condition 
precedent for filing an appliction for route permit; and 
D 
(ii) That the Transport Commissioner could exercise his power to E 
grant permission under Rule 258(2)(ii) of the Andhra Pradesh Motor Vehicles 
Rules, 1989 irrespective of the distance by which the route extended more 
than 8 Kilometres beyond the limits of Municipality/town. 
Allowing the Special Leave Petition against the judgment and order of 
the High Court, this Court 
HELD: I. Rule 258 of the Andhra Pradesh Motor Vehicles Rules, 1989 
uses the expression "Town Service". The expression "Town Service" has 
not been used in any other rule or any provision in the Motor Vehicles Act, 
1985. The expression has not been defined anywhere. In the normal 
connotation, "Town Service Route" would mean a route within a town to 
enable passengers to go from one place to another in the town. But generally 
people in the peripheral and neighbouring areas would be frequenting the 
town and to serve them, buses have to ply between a place in the town and 
a place outside. Hence, the rule provides for an extension of 8 Kms. beyond 
F 
G 
the limits of the town or municipality. [1116-C) 
H 
1108 
SUPREME COURT REPORTS

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