LexSREE GAJANANA MOTOR TRANSPORT CO. LTD. versus THE STATE OF KARNATAKA AND ORS.
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665 SREE GAJANANA MOTOR TRANSPORT CO. LTD. v. THE STATE OF KARNATAKA AND ORS. September 22, 1976 [A. N. RAY, C.J., M. H. BEG AND P. N. SHINGHAL, JJ.] Motor Vehicles Act, 1939, s. 43 ( 1 )-State Govemment can direct imposi- tion of fixed rates 011 stage-carriage operators for carrying mails as condition -0/ permit-Ss. 48 (3) and 59 (3) ( c), such directions do not inlerfae with quasi judicial functions of Regional Transport Authority-Special provisions of s. 48 (3 )(XV) do not override general provisions of s. 43( !) (d) ( 1). A B The State Government issued a notification u/s 43(1) Motor Vehi~les Act, C 1939, directing the State Transport Authority to impose the charge of certain uniform rates of freight upon the operators of stage-carriages other than State Transport undertakings, carrying mails or postal goods. The S.T.A. then directed the Region.al Transport Authority, u/s 44 ( 1) of the Act, to impose the duty of carrying the postal goods upon rates fixed by the Government as a condition annexed u/s 48(3)(XV) to permits. The appellant contended that the power of the Government u/s 43 (1) to issue directions relating to "freights", does not include _imposition of Gharges D for carrying postal goods as conditions of permits granted by the Regional Transport Authority in exercise of its quasi judicial powers. Dismissing the a·ppeal the Court, HELD : The State Government has the data and the legal power under Section 43 (1) of the Act to fix freights for carriage of postal goods in various types of carriages mentioned there, including stage carriges. Such charges are merely ~ species of freight on postal goods about which the State Government can issue appropriate directions. (668 El E (2) Section 48(3) deals with what lies past the quasi-judicial stage of deci- sion to grant the permit. At that stage, the decision to grant the permit is al- ready there and only conditions have to be attached to the permit. The Regional Transport Authority has, at this stage to act mainly mechankally after consider- ing matters on which it has, acting quasi-judicially, formed an opinion and taken a decision. There is no interference with the quasi-judicial functions as the annexation of a condition like, thi~ is, a part of the purely executive duties of the Regional Tramport Authority. (668 D-E, 669 A] S. Srikantia/J & Ors. v. The Regional Transport Authority, Anantapur & Ors [1971] Suppl. SCR 816 followed. (3) There is no question of any special provision over-riding the general. The provisions are complementary. Section 48(3) (XV) is really meant to carrry out the directions which caln legally be given under section 43(1) (d) (i) of the F Act. (669 B-CJ G CIVIL APPELLATE JURISDICTION: Civil Appeal No. 366 of 1976 (From the Judgment and Order dated 2.12.1974 of the Karnataka High Court in Civil Writ Appeal No. 171/73). K. N. Bhatta and M. Rangaswamy for the Appellant Mrs. Shyamla Pappu and Girish Chandra for Respondent No. 3 B. R. G. K. Achar for Respondents Nos. 1 and 2. H A B c D E F G H 666 SUPREME COURT REPORTS [1977) 1 S.C.R. The Judgment of the Court was delivered by BEG, J.-This appeal by special leave raises the question whether the State Government could, by a general direction given ·under Sec- tion 43(1) of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') fix the charges to be imposed upol\ operators of stage carriages for carrying mails as conditions of their permits. Section 48 of the Act lays down the power of the Regional Trans- port Authority to grant stage carriage permits with conditions annex- ed thereto. The first stage of exercise of this power is preceded by. the quasi-judicial enquiry, under Section 47 of the Act,. into the matters affecting the interests of public in generaI. Section 48, sub .. s. (1), subjecting the power to grant stage carriage permits to pro- visions of section 4 7 of the. Act, includes what may be correctly chara- cterised as the "quasi-judicial" power ·ell:her to grant or refuse to grant a permit after consideration of matters stated in Section 4 7 of the: Act. After that, we come to the power to attach conditions laid. down in Section 48(3), and we find : "49(3) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a service of stage carriages of a specified description or for one or more particular stage carriages, and may, subjec
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