KUNDUR RUDRAPPA versus THE MYSORE REVENUE APPELLATE TRIBUNAL & ORS.

Citation: [1976] 1 S.C.R. 188 · Decided: 31-07-1975 · Supreme Court of India · Bench: A. ALAGIRISWAMI · Disposal: Appeal(s) allowed

Judgment (excerpt)

188 
KUNDUR RUDRAPPA 
v. 
THE MYSORE REVENUE APPELLATE TRIBUNAL & ORS. 
July 31, 1975 
[A. ALAGIRISWAMI, P. K. GOSWAMI hND N. L. UNTWALJA, JJ.] 
Motor Vehicles Act, 1939, s. 64--0rder gra11ti11g pcrmir-Issue of perniit 
in pursuanc·e of the Order-If appealable. 
'fhc appellant was granted a stage carriage permit by the Regional Transport 
Authority in May, 1963. Appeals against the grant to the State Transpor't 
Appellate Tribunal and further appeals to the 
Mysore 
Revenue Appellate 
Tribuna] were dismissed. 
Thereafter, in April. 1967, the Secretary 
of 
the 
Regional Transport Authority after ca11ing upon the appellant to produce the 
relevant documents, issued the permit. Appeals by the respondents to the 
State Transport Appellate Tribunal against the issue of the permit to the 
appe1Jant were allowed on the ground of limitation. The appeal of the appellant 
to the Revenue Appellate Tribunal was 
dismissed. 
The 
appellant's 
\\Tit 
petition to the High Court was also dismissed. 
Allowing the appeal to this Court, 
HELD : There was a-
1deaf error of jurisdiction on the part of the State 
Transport Appellate Tribunal and the Revenue Appellate Tribunal in interfering 
with the issue of permit to the appel1ant. 
The High Court was, therefore, 
not right in dismissing the writ application. [l9QD-E] 
Appeal is a ~reature of the statute. 
Section 64 of the Motor Vehicles 
A 
B 
c 
D 
A_ct, 1939, is the only sectiOn creating rights of appeal against the grant of 
permit and other matters. 
But there is no appeal provided against an order 
E 
issuing a permit in pursuance of an order granting the permit. Issuance of 
the permit is only a mii;iisterial act necessarily following the gr&nt of the 
·~ 
permit. Hence, the apPeal to the State Transport AppeJlate Tribunal and the 
further appeal arc not competent under the section. [190B-D] 
CIVIL APPELLATE JURISDICTION 
1973. 
Civil Appeal No. 481 
of 
From the Judgment and Order dated the 9th February 1973 of 
the Mysore High Court at Bangalore in W.P. No. 1922 of. 1970. 
H. B. Datar and K. N. Bhat, for the appellant. 
S.S. Javali and B. P. Singh, for'the respondents Nos. 1, 3-13 
The Judgment of the Court was delivered by 
GosWAMI, J. This appeal by special leave is directed against the 
judgment of the Mysore High Court (now High Court of Karnataka) 
of February 9,, 1973, rejecting the appellant's writ 
petition under 
article 226 of the Constitution by which the orders of the State Trans-
port Appellate Tribunal and the Mysore Revenue Appellate Tribunal 
had been challenged. 
F 
) 
G 
H 
-
A 
B 
c 
D 
E 
-
F 
G 
hi 
H 
K. RUDRAPPA v. MYSOR!l REVENUE TRIBUNAL (Goswami,!.) 
189 
Briefly the facts are as follows : ~ 
The appellant was granted a stage carriaie permit under section 
48 of. the Motor Vehicles Act, 1939 (briefly the Act) for the route 
Devenagere to Shimoga via Honnali 
by ·the Regional 
Transport 
Authority, Shimoga, by its order dated May 3/4, 1963. Some of the 
respondents preferred appeals against the said order to · the State 
Transport Appellate Tribunal and obtained stay of the order. 
Tho 
appeals were, however, dismissed on September 27, 1963. 
Again, 
some of the respondents preferred further appeals to the Mysore Reve-
nue Appellate Tribunal ;lgainst the order of the State Transport 
Appellate Tribunal. This time also the appeals met with the same fate 
and were dismissed on February 27, 1967. It appears, however, that 
no order of stay was granted by the Mysore Revenue Appellate Tri-
bunal. 
On April 25, 1967, the Secretary to the Regional Transport 
Authority, Shimoga, called upon the appellant to produce the relevant 
documents and the certificate of registration for making necessary entry 
in the permit. The appellant produced the same on April 26, 1967, 
and the permit was issued on the same day. Against the order of the 
issue of the permit, respondents 4 to 13 preferred appeals to the State 
Transport Appellate Tribunal on the ground that the Secretary to the 
Regional Transport Authority, Shimoga, had no jurisdiction to issue 
a permit under rule 119 of the Mysore Motor Vehicles Rules, 1963 
(briefly the Rules) after a lapse of such a long time from the date of 
the grant of the permit. It was contended that the issue of the permit 
was made beyond the prescribed period of limitation nnder rule 119. 
It may be mentioned that at the time of the grant of the permit the 
Mysore Motor Vehicles Rules, 1945 (old Rule~) were in force and 
rule 151 of

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