ISHWARI YATAYAT COOPERATIVE SOCIETY versus STATE TRANSPORT APPELLATE AUTHORITY AND OTHERS

Citation: [1976] 1 S.C.R. 407 · Decided: 22-08-1975 · Supreme Court of India · Bench: A.N. RAY

Judgment (excerpt)

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407 
ISHWARI YATAYAT COOPERATIVE SOCIETY 
v. 
STATE TRANSPORT APPELLATE AUTHORITY AND OTHERS 
August 22, 1975 
IA. N. RAY, C.J., K. K. MATHEW AND Y. V. CHANDRACHUD, JJ.] 
Afotor Vehicles Act, 1939, s. 46-Application by unregistered Cooperative 
Society for grant of pennit- Maintainability, 
Practice and Procedure -Contention not raised in High Cou/'f or in special 
leave petition-If can #e entertained durini: argunients . 
The Regional Transport Authority granted a permit to the appellant. The 
Appellate Authority allowed the appeal filed by a rival applicant and set aside 
the order af~er the matter was remanded to L by the High Court. The appel-
lant filed a writ petition, but the High Court confirmed the order of the Appellate 
Authority. 
Dismissing the appeal to this Court, 
HELD : The application of the appella_nt for permit was not maintainable 
as the appellant was not a registered co-operative society when the applicat.k>n 
was made, though it was registered at the time when the applications 
were 
considered and disposed of by the Regional Transport Authority. 
[409E] 
Since the 3,ppellant was not a registered co-operative society on the date ·of 
the application there was no person in the eye of the law who could file a valid 
<ipplication under s.46 of the ~lotor Vehicles Act. 
When an application for 
permit is filed by a person it has to be published and objections invited but if 
such an application is filed on behalf of a non-existent person it is impossible 
for obj-ectors to state the reasons for their objections. 
Though the appellant had 
applied for registration there \Vas no certainty 
that 
registration 
would 
be 
granted. 
[409GH] 
Kali Kinkar Ku11du v. S<Ulhan Chandra Dey,\ A.I.R. 1971 Calcutta 171 and 
Azad Motor Transport Cooperc:itive SJcliety Ltd v. Stnte Transport 
Appellate 
Authority, Misc. Petition No. 489 of 1966 decided on 17-11-1966 by the High 
Court of Madhya Pradesh at Jabalpur (Unreported), refbrred to. 
(.2) Though the rival applicant did not challenge the grant of the permit 
in favour of the appeilant on the ground that the 
appellant was 
not 
a 
registered soc:.ety, such a plea was entertailled and considered by the Appellate 
Authority without any objection from the appellant. 
Further, the appellant, 
in its writ petition, did not contend that it was not open to the Appellate 
,AUthority to entertain and consider the plea as it was not raised by the 
rival applicant before Appellate Authority or the High c·ourt at any previous 
stage of the proceedings. 
Even in the application for special 
leave 
the 
appellant had not taken such a ground. 
Therefore, the appellant could not 
be allowed to contend, at the stage of arguments, that the Appellate Authority 
and the High Cour~ went \vrong in entertaining the plea. 
[409C-E] 
CIVIL APPELLATE JURISDICTION: 
Civil Appeal No. 758 of 1971. 
Appeal by special leave from the Judgment and Order dated 
27th January 1971 of the Madhya Pradesh High Court of Judicature 
at Jabalpur in M.P. No. 85 of 1968. 
M. N. Phadke, Naunit Lal and Lalita Kohli, for the appellant. 
F. S. Nariman, and P. C. Bhartari, for respondent 3(a) to 3(e). 
408 
SUPREME COURT REPORTS 
[1976] 1 S.C.R. 
The Judgment of the Court was delivered by 
MATHEW, J.-This is an appeal. by special leave, from the judg-
ment of the High Court of Madhya Pradesh at J abalpur holding that 
the appellant was not entitled to the permit in question for the reason 
that the application for gran~ of permit was not maintainable in law. 
The Regional Transport Authority, Indore, by a notification dated 
23-10-1959 invited application~ for two single trip permits for running 
stage carriage on Nagda-Indore and Indore-Nagda routes vis Hingoria, 
Gautampura and Depalpur. 
The appellant submitted an application 
for grant of permit on the Nagda·Jndorc route on 11-11-1959 and Mis. 
Jawahar Y atayat Cooperative Society submitted its 
application 
on 
20-11-1959 for Indore-Nagda route. 
One Smt. Akhtari Eegum, now 
represented by respondent No. 3, submitted two applications, one for 
grant of permit on the Nagda-Indore route and the other for a permit 
on the Indore-Nagda route. 
One Jaiswal Transport Cooperative fo-
ciety and a few others also applied for permits. 
• The Regional Transport Authority by its order dated 27-2-196\ 
granted two permits: one to the appdlant and the other to M/s. 
Jawahar Yatayat Cooperative Society and rejected the other

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