SHARIF AHMED & ORS. versus REGIONAL TRANSPORT AUTHORITY, MEERUT & ORS.

Citation: [1978] 1 S.C.R. 761 · Decided: 31-10-1977 · Supreme Court of India · Bench: P.K. GOSWAMI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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761 
SHARIF AHMED & ORS. 
v. 
REGIONAL TRANSPORT AUTHORITY, MEERUT & ORS. 
October 31, 1977 
lP. K. GOSWAMI AND N. L. UNTWALIA, JJ.] 
Motor Vehicles (U.P. A1nend111e11t) Act, 1972-Grant of stage-carriage per-
n1its by Appellate Tribunal-Retrospective change in law before actual issuance 
of pern1its, lvhether nullifies the f,?rant-Appeal lies only against grant, and not 
issuance of per111its. 
In 1972, purporting to do away with the limit on the grant of stage-carriage 
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permits, imposed bys. 47(c) of the Motor Vehicles Act, 1939, the U. P. Govern-
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n1ent promulgated the U.P. Motor Vehicles Amendment Ordinance (No. 9 of 
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1972) replaced by the Motor Vehicles (U.P. Amendment) Act, 
1972. Under 
-s. 43-A(2) of the amended Act the State Government issued a notification dated 
~larch 30, 1972, directing the Transport Authorities to grant stage carriage per-
mits to all eligible applicants. The constitutional validity of the amended }a\V 
and the notification was upheld by the Supreme Cotirt in Hans Raj Kellar & 
Ors. v. State of U.P. & Ors. [1975] 2 SCR 916. The State Transport Arp,llatc 
Tribunal, thereafter, allowed fifty pending appeals and granted pern1its to cill 
the appellants. Pursuant to the Appellate Tribunal's order of grant, the Regional 
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Transport Authority was to issue the grantees permits, on the fulfilment cf cer-
tain conditions within a given time. The conditions were duly fulfilled but the 
actual issue of permits was kept pending due to the Appellate Tribunal's order 
being challenged through a writ petition in the High Court. The petition wa~ 
dismissed, but meanwhile the law was retrospectively an1end~d. 
A question arose before this Court whether the retrospective .change in 
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had nu1lified the Appellate Tribunars order? 
Allowing the appeal the Cou11. 
HELD : ( 1) The applications for grant of permits were finally disposed of, 
and permits \\'ere granted by the order of the Appellate Tribunal, what remained 
pending was a mere ministerial act of issuing the permits, to be performed by the 
Regional Transport Authority or, its delegate, on the applicants' complying with 
the terms of the order, within the tin1e granted by the Appellate Tribunal. The 
order of the Tribunal, when made, was legal and with jurisdiction, The retros-
pective change in law had not the effect of nullifying the order. [766 G-H} 
Tile Conunissioner of lncon1e-tax, Bihar & Orissa v. Mahara;a Pratap Singli 
Bal(adrtr of Gidliaur [1961] 2 SCR 760, distinguished. 
Obiter dictuni : 
Retrospective change in law cannot justify allowing the wrong to continue. 
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The injustice done must be rectified. The issuance of a writ of mandamus 
would not have the effect of directing the Regional Transport Authority to do 
something contrary to the present law, but of merely asking it to obey the valid 
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order of the Appellate Tribunal which has not been rendered void on any ground 
whatsoever. [768 E-F] 
'Judicial Review of Administrative Action' 3rd Edn.p. 59 by S. A.de Sn1ith. 
referred to. 
(2) An appeal u/s. 64 of the Motor Vehicles Act, 1939, lies only against the 
grant of permit, and not against the order issuing a permit made in pursuance of 
the order granting the permit. Issuance of the permit is only a ministerial act 
necessarily following the grant of permit. [765 G] 
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Kundur Rudrappa v. The Mysore Rerenue Appellate 
Tribunal and Or\. 
[1976] l S.C.R. 188, followed. 
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762 
SUPREME COURT REPORTS 
[[978] [ S.C.R. 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 
1214 and 
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1292 of 1977. 
Appeals by Special Leave from the Jndgmcnt and Order dated 
31-3-1976 of the Allahabad High Court in Second Appeal Nos. 64 
and 63 of 1976 respectively and 
Civil Appeal No. 1293 of 1977 
Appeal by Special Leave from the Judgment and Order dated 
26-4-76 of the Allahabad High Court in Civil Misc. Writ No. 652/76 
and 
Civil Appeal No. 1342 of 1977 
. 
Appeal by Special Leave from the Judgment and Order dated 
29-4-77 of the Allahabad High Court in Civil Misc. Writ No. 11466/ 
75 and 
Civil Appeal Nos. 1487, 1341 and 1412 of 1977 
Appeals by Special Leave from the Judgment and Order dated 
6-10-76 of the Allahabad High Court in S.A. Nos. 160. 182 & 183/ 
76. 
A. K. Sen (in CA 1214/77) M/s. J. P. Goyal & Shreepal Singh · 
for the Appellants in CA Nos. 1214. 1292, 1293 & 1342/77. 
S. N. Kacker, Sol. Genl., (in CA 1214/77) O. P. Rana & M. V. 
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Goswami, Advs. for respondents 1-3 & R-7 in CA 1214, R-3 i
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