ivil Appeal No 1297 of 1968
Appeal by special leave from the judgment and order dated October 5 1967 of the Bombay High Court Nagpur Bench in SCA No 770 of 1966
SV Gupte Santosh Chatterjee and GS Chatterjee for the appellant
321 BRL Iyengar and Naunit Lal for respondents Nos 1 to 3 and 5
NS Bindra and SP Nayar for respondent No 7 and the intervener
The Judgment of the Court was delivered by Vaidialingam J
The appellant the State Corporation constituted under the Road Transport Corporation Act LXIV of 1950 challenges in this appeal by special leave the order of the Nagpur Bench of the Bombay High Court dated October 5 1967 in Special Civil Application No 770 of 1967
The appellant as well as respondents 1 to 5 and 8 to 16 applied to the Regional Transport Authority Nagpur on various dates in the year 1964 65 under section 46 of the Act IV of 1939 hereinafter called the Act for grant of stage carriage permits on the routes a Chanda to Chimur b Arni to Manora c Sakoli to Lakhandur d Sondkheri to Kalmeshwar and e Chanda to Rajura
The appellant s applications in respect of routes a and c were for additional trips and timings
Regarding b d and e the appellant s applications were for grant of permits over the new routes opened for the first time
The applications were notified by the Regional Transport Authority under section 573 of the Act
The appellant and the other applicants filed objections and representations against each other s applications
The Regional Transport Authority after considering the applications and objections and hearing the parties passed order granting the permits in favour of the appellant in respect of all the routes
The order in respect of route a was passed on May 18 1965 for routes b and c on August 19 1965 for route d on October 9 1965 and for route e on October 30 1965
Respondents 1 to 5 filed appeals before the Appellate Committee of the Transport Authority of Maharashtra challenging the grant of permits in favour of the appellant and rejecting their respective applications
Their appeals were Nos 64 82
84 106 and 114 all of 1965
Respondents 8 to 16 do not seem to have filed any appeals
All the appeals were heard and disposed of by the Appellate Committee by a common order dated June 9 1966
Before the Appellate Committee respondents 1 to 5 raised a contention that the mandatory information required to be submitted in an application for permit under section 46 of the Act read with Form PSt
SA prescribed under rule 80 of the relevant rules have not been fully and completely furnished by the appel 322 lant in its application
They also filed an affidavit pointing out what according to them were the details of information that should have been furnished by the appellant
The Appellate Committee after noting that the appellant herein represented that the major items of information as required under section 46 and the relevant form had been given in the application has expressed the view that information regarding certain other matters as provided in the form of application had not been provided by the State Corporation and in consequence there was a major defect in its application and that the other operators had no opportunity to properly object and contest the claim of the State Corporation
In this view the Appellate Committee remanded the matter to the Regional Transport Authority for reconsideration with a direction that the State Corporation should be asked to furnish complete information and after receipt of such information in the prescribed form they must be duly published and an opportunity afforded to the respondents 1 to 5 herein to be duly heard by way of objection and that the entire matter be re heard and decided afresh
Respondents 1 to 5 challenged this order of the Appellate Committee before the Nagpur Bench of the Bombay High Court in Special Civil Appeal No 770 of 1966 under articles 226 and 227 of the Constitution
They contended before the High Court that the Appellate Committee should have rejected the application of the State Corporation on the ground that the mandatory provisions of section 46 of the Act had not been complied with
They also urged that the application filed by the State Corporation inasmuch as it lacked information on vital matters as provided in section 46 of the Act read with the form prescribed could not be considered to be an application under the Act and as such it did not deserve to be considered at all
The order of the Appellate Committee really amounted to allowing the appellant to convert a defective application so as to bring it in conformity with the provisions of the Act and the form which is not permissible in law
Though the appellant pleaded that all the necessary particulars had been furnished in its application and that even in respect of all matters on which further information was called for it had already been furnished and that the authorities had jurisdiction to call for any additional information that may be neces sary for a proper consideration and disposal of the applications filed by the parties the High Court in the order under attack has taken the view that there has been no proper compliance by the State Corporation with regard to the matters dealt
with particularly in columns 10 14 and 15 of the prescribed form viz the application for permit
The High Court is of the view 3 2 3 that the information furnished by the appellant under those headings cannot be considered to be either sufficient or adequate
The High Court has taken the view that withholding of information on vital points constitutes a defect in the application of the appellant and that creates considerable difficulty to the authorities in considering the claim for grant of a permit
It is also of the view that the Act does not either expressly or impliedly give power to either the Regional Transport Authority or the Appellate Committee to give an opportunity to an erring applicant to furnish additional or further particulars so as to convert a defective application into a proper application
The High Court is also of the view that the provisions of section 46 of the Act read with section 48 cast a mandatory duty upon an applicant applying for a permit to give the particulars required in the several clauses of section 46
If the required particulars are not given it is the view of the High Court that such applications are not applications within the meaning of section 46 and the rules and therefore are liable to be rejected
In the end the High Court has held that after the application filed by the State Corporation had been held to be defective the Appellate Committee had no jurisdiction to give the State Corporation a fresh opportunity to furnish additional paritculars and in that view set aside the order of the Appellate Committee
The High Court in consequence remanded the appeals to the Appellate Committee directing the latter to reconsider on the materials already on record the applications of all parties excepting that of the State Corporation and to decide the question of grant of permits between the rival parties afresh
The appellant has come up to this Court against this order of the High Court
Mr Gupte learned counsel for the appellant apart from contending that the High Court was in error in interfering in a writ petition with the order of the Appellate Committee when exercising jurisdiction under articles 226 and 227 has raised substantially two contentions 1 That the form prescribed by the State Government in this case for an application for permit has gone beyond the rule making power of the State Government under section 68 of the Act
2 That the provisions of section 46 of the Act are not mandatory and there is no jurisdiction in the authorities functioning under the Act to reject an application summarily on the ground that the application is not in conformity with the Act or the rules framed thereunder
It is not necessary for us to reiterate the nature of the jurisdiction exercised by a High Court under article 226 or article 227
Under article 226 the High Court has power to quash an order when the error committed by a Tribunal or authority is one of 324 law and that is apparent on the face of the record
Similarly the powers of judicial supervision of a High Court under article 227 of the Constitution are not greater than those under article 226 and must be limited to seeing that the Tribunal functions within the limits of its authority Vide Nagendra Nath Bora vs The Commissioner of Hills Divn  Appeals Assam1
In this case as we have already pointed out the High Court has taken the view that the application filed by the appellant for lack of the necessary particulars provided in the form prescribed cannot be considered to be an application under the Act and in respect of such an application the authorities have no jurisdiction to deal with
It is really the correctness of this view expressed by the High Court that arises for consideration
Since the impugned order of the Appellate Committee was challenged on the ground of lack of jurisdiction it is not possible to hold that the High Court could not have entertained the writ petition
Mr BRL Iyengar learned counsel for the contesting respondents has urged that in order that an application filed by a party may be considered by the authorities charged with the duty of granting permits the essential condition precedent is that the application must conform to the requirements of the statute in this case the Act
Section 46 of the Act provides various matters in respect of which an applicant will have to give full and detailed particulars
Over and above the requirements contained in els
a to e of the said section any other matter that may be prescribed by the rules framed under the Act by virtue of clause f of section 46 will have also to be properly and fully dealt with by an applicant
By vitrue of the rule making powers under section 68 of the Act the State Government have framed the Bombay Motor Vehicles Rules 1959 hereinafter referred to as the rules and r 801 provides that every application for a permit in respect of a transport vehicle including a private service vehicle is to be in one of the forms mentioned therein
The appropriate form with which this Court is concerned now is the Form PSt
SA in respect of item 2
The form deals with various items some of which may be covered by clauses a to d and others are over and above these particulars
The object underlying the Act of an applicant being called upon to give the necessary particulars in respect of these matters is obvious viz that the other applicants and the various other interested persons will be able to know the nature of the claim made by a particular applicant and either make suitable representations against the same or file objections
The High Court s view counsel points out that the absence of particulars in this case in respect of items 10 14 and 15 in the form is a non compliance with the Act and is no application under 1  3 2 5 the Act is correct
Therefore counsel urged that the Appellate Committee s order allowing the appellat to so to say amend the application by giving additional particulars was properly set aside by the High Court
Mr Bindra appearing for the State while supporting the appellant that the Appellate Committee in this case acted within its jurisdiction in calling for particulars urged that the form prescribed under the rules was perfectly valid and is not beyond the rule making power of the State Government
The scheme of the Act has been considered in several decisions of this Court and we do not propose to cover the ground over again
Chapter IV containing sections 42 to 68 deals with control of transport vehicles
Section 42 emphasises the necessity for permits
Section 45 deals with the various authorities to whom the application for permits in the circumstances stated therein
is to be made
Section 46 provides that an application for a permit shall as far as may be contain  the particulars mentioned in clauses a to f
Clauses a to e deal with certain definite particulars but cl
f refers to such other matters as may be prescribed 
Section 221 defines the expression prescribed  to mean prescribed by rules made under the Act 
Therefore it will be seen that an application for a permit apart from containing the particulars referred to in clauses a to e of section 46 must also contain
under el
f such other matters as may be prescribed
We will come to the rule making power a littie later
Section 47 provides for the various matters to be taken into account by the Regional Transport Authority in considering an application for a stage carriage permit
That section also provides for taking into consideration any representation made by certain other parties referred to therein
Sub section
2 gives power to a Regional Transport Authority to refuse to grant a permit if from any time table furnished it appears that the provisions of the Act relating to the speed at which vehicles may be driven are likely to be contravened but the proviso to this sub section casts a duty on the Authority to give an opportunity to the applicant to amend the time table before such refusal
Sub section 3 gives power to a Regional Transport Auhtority to limit the number of stage carriages in region or in any specified area or in any specified route within the region
Section 48 empowers the Regional Transport Authority on an application made to it under section 46 to grant a stage carriage permit subject to the provisions of section 47 in accordance with the application or with such modifications as it deems fit
It also gives the Authority power to refuse to grant such a permit
Section 57 deals with the procedure in applying for and granting permits
Sub section
3 provides for the Regional Transport Authority making L2SupCI70 9 326 available an application for a permit for inspection at its office and also publish the application in the prescribed manner inviting representations within the period mentioned therein
The proviso to sub section
3 gives power to the Authority concerned to summarily refuse the application without following the procedure laid down in sub section
3 in the circumstances mentioned therein
Sub sections
4 5 and 6 read together deal with the consideration of the representation received from a party and disposal of an application for a permit at a public hearing in which an applicant and a person who had made a representation are given an opportunity of being heard
Sub section
7 casts a duty on the Regional Transport Authority when refusing an application for permit to give in writing to the applicant concerned its reasons for the refusal
Section 681 gives power to the State Government to make rules for the purpose of carrying into effect the provisions of Chapter IV
Sub section 2 enumerates the various matters in respect of which rules can be framed without prejudice to the generality of the power contained in sub section
Clause c of sub section
2 deals with the forms to be used for the purposes of this Chapter including the forms of permits 
The State Government has framed the rules
Rule 801 provides that every application for a permit in respect of a transport vehicle including a private service vehicle shall be in one of the enumerated forms and the forms are mentioned as items i to x
Item ii deals with a permit in respect of a service of stage carriages and the form prescribed is Form PSt
SA Sub r
2 provides that the application shall be addressed to the Regional Transport Authority or to the Regional Transport Officer as the case may be and accompanied by the fee prescribed by rule 84
In this case we are concerned with the Form PSt
It is seen from the judgment of the High Court that a copy of an application filed by the appellant in respect of the route Arni to Manora has been filed and it has been directed to form part of the record of the case
The form PSt
SA provides for nearly 22 items in respect of which a party has to fill up particulars
The particulars governed by item 4 may be related to section 46a those of items 5 and 7 to section 46b items 6 and 8 to section 46c item 10 to section 46d and items 11 12 14 to section 46e
Over and above these particulars the form provides several other matters on which information has to be given
The ground on which the High Court has regarded the application of the appellant as invalid is that the application did not give full and detailed particulars in respect of item 10 14 and 15
We will now refer to the relevant entries in the application made by the appellant regarding the route Arni to Manora in 327 respect of columns 10 14 and 15 and also the answers given by the appellant 10
Number of vehicles kept in reserve to maintain the service regularly and to provide for special occasion  Nagpur Division which will operate thisthese routes holds 470 vehicles against
 376 schedule to be operated by that Division
Thus there will be 94 vehicles in reserve to maintain the services regularly and to provide for special occasions
Particulars of any stage or contract carriage permit valid in the State held by the applicant
section 4 61 5 61 6 61 7 61 8 61 9 61 10 61 13 61 39 63 40 63 63 63 etc
Particulars of any permit held by the applicant in respect of the use of any transport vehicle in any other State  Pt
section 452 453 7 59 1 60 63 63 etc
 According to the High Court the information given by the appellant is not sufficient and that especially in respect of columns 14 and 15 the applicant has not given exhaustively the list of t he permits owned by it
We are not inclined to accept the contention of Mr Gupte that the form prescribed requiring the furnishing of information on the various particulars and matters referred to therein is beyond the rule making power of the Government
Section 46 as we have already pointed out requires information to be given by an applicant for permit not only in respect of all the particulars  enumerated under els
a to e but also under cl
He has to give information on such other matters as may be prescribed and prescribed  as defined in section 221 means prescribed by rules made under the Act 
Section 68 to which we have already referred gives power to the State Government to make rules for the purpose of carrying into effect the provisions of Chapter IV and also without prejudice to the generality of  this power to make rules in respect of the various matters mentioned in sub section
Clause c of sub section 2 specifically gives power to prescribe the form to be used for the purpose of Chapter  IV including the form of permit
section Therefore an application filed by a party for a permit must at any rate substantially con 328 form to the requirements of section 46 as well as to the form framed under the rule making power of the State Government
We have already pointed out that rule 80 provides that every application for permit should be in the appropriate form mentioned therein
Therefore section 46 the relevant rule and the form prescribed have to be read together and so read it follows that an applicant for a permit must comply at any rate substantially with the various matters mentioned therein
It must be borne in mind that section 68 is not controlled by section 46 of the Act
In fact it specifically enables the State Government to make rules for the purpose of carrying into effect the provisions of the Chapter
The Chapter itself we have mentioned is entitled Control of Transport Vehicles  and if with a view to carrying into effect the object
of control of transport vehicles the form requires information on various matters over and above those enumerated in els
a to d of section 46 it cannot be stated that the State Government has acted beyond its rule making powers when prescribing such a form
The form so prescribed in our opinion forms an integral part of rule 80 which the State Government is authorised to make under section 68 of the Act
Therefore we are not inclined to accept the contention of Mr Gupte that the matters enumerated in a form provided by a rule framed under the rule making power of the State Government cannot be considered to be such other matters as may be prescribed under section 46f 
The further contention that in order to treat the matter as one prescribed under section 46f it must have been enumerated as such in a rule framed under the Act has also to be rejected
Even otherwise we have already pointed out that section 68 is not controlled by section 46 in which case also it follows that the form prescribed by the State Government by virtue of a rule framed under its rule making powers must be considered to be valid
Mr Gupte drew our attention of the decision of the Mysore High Court in Narayana vs
ST Authority1
One of the questions that arose for consideration in that decision was whether an application for a permit under the Act can be considered to be defective when it did not deal with certain matters provided in a from prescribed under r 156 of the Rules framed by the State of Madras under the Act
The High Court held that such an application has to be considered to be defective and observed It is true that if by a rule properly made by the State it was provided that further particulars in addition to those referred to in clauses a to e of section 46 should be furnished in the application these particulars should have to be so furnished as directed by section 46f
I AIR 1950 Mys
33ILR 1950 Mys
329 But no such rule made by the State was pointed out to us
What the State did under r 156 was to merely prescribe the form in which an application should be made although that form contained columns which referred to many matters not specified in section 46
rule which was made under section 682c of the Act prescribed only a form
It did not prescribe any particulars
That being the position those additional matters for which columns were provided in the form prescribed by it cannot merely for that reason claim the status of particulars prescribed by rules under the Act and cannot therefore be regarded as particulars referred to in section 46f of the Act
 We are not inclined to agree with this reasoning of the learned Judges of the Mysore High Court
We have already held that the form prescribed by the State Government under the rules becomes part of the rule itself which the State Government is competent to frame
Therefore the contention of Mr Gupte that in prescribing the form the State Government has exceeded its rule making power cannot be accepted
The further question that arises for consideration is as to whether the view of the High Court that the application of the appellant is defective and suitable to be dismissed inasmuch as columns 10 14 and 15 in the application form have not been properly filled up is correct
Here again we are not inclined to agree with the reasoning of the High Court that under such circumstances the application filed by the appellant cannot be treated to be an application under the Act
It is needless to state that an application must
furnish full and complete information that is within his knowledge or possession in his application for the grant of a permit
The scheme of the Act is quite clear viz that an applicant must have a proper permit for operating transport services
To obtain that permit certain formalities and procedure have to be gone through
Apart from the other applicants having an opportunity to make representations or objections to the claim made by a particular applicant certain other persons and authorities as will be seen under section 573 have been given a right to make representations
Such filing of objections or making of representations can be effective only if an applicant gives all the information which is in its power or control
The expression as far as may be  occurring in section 46 of the Act must only mean that an applicant must give information on the various particulars and matters referred to in section 46 in so far as those requirements apply to him and in respect of which it is possible to give information
In the absence of the expression as far as may be  in the 330 old section 46 of the Act the Mysore High Court in two of its decisions CKM Services vs Mys
Revenue Board1 and Sethuramachar vs Hiranayya2 has taken the view that the provisions in section 46 must be considered to be mandatory and non compliance with those provisions will mean that there is no proper and valid application under the Act and that an authority would be justified in rejecting the same
In Sethuramachar s case 2 the High Court has indicated that in the section as it now stands the position may be different
The Madhya Pradesh High Court in an unreported decision in SH Motor Transport Company vs The State Transport Appellate Authority3 a certified copy of which has been given to us has held that when an applicant does not give some information on certain particulars required under section 46 it must be understood that he does not intend to do the necessary things as mentioned therein
In our opinion the matter has to be approached from a slightly different angle viz whether the authorities have got the power to reject an application summarily if it does not contain information on any matters or particulars referred to in the form
We are unable to find any provision in the statute giving a power to the transport
authorities to reject an application summarily on that ground but we have already emphasized that the application must give the necessary information on the various particulars and matters enumerated in the form prescribed for such purpose
It is to the interest of the applicant himself to give full and clear information because he stands the risk of the permit not being granted to him for lack of information on certain matters
But this is quite a different thing from the power of the authority to reject an application forthwith on the ground that the application is defective
The only provision where such a power to reject summarily is given is under the proviso to section 573
Under this proviso the Regional Transport Authority without following the procedure of publishing an application and inviting objections can summarily refuse the application in the circumstances mentioned therein
No doubt it may be asked that if an application lacks information on very vital matters the whole object of publishing the same and inviting objections could not be achieved because the parties entitled to make objections and representations cannot effectively make the same
But as we have already pointed out it is really in the interest of the applicant himself to give the information as far as it lies within his power on all matters
What the High Court has done in this case was really to reject the application of the appellant summarily a power which even the Transport Authority does not in our opinion have under 1 AIR 1960 Mys
2 AIR 1960 Mys 90
3 Misc
Petition No 6 of 1969 decided on 3 3 1969
331 the Act
Probably the statute did not give power to an authority to reject an application summarily in cases not coming within the proviso to section 573 because when considering an application for grant of permit on merits it may be open to the Regional Transport Authority after giving reasons under section 577 to refuse the application for permit
In such a case as the Regional Transport Authority is bound to give reasons the sufficiency and validity of the reasons given may also be canvassed before the appellate authority in an appeal under section 64 of the Act
But all this can be done only at the time of considering the grant of permit on merits and not at an earlier stage and the refusal to grant the permit will be not on the ground that the application is defective but on the ground that the particulars or information and other matters given in the permit do not enable the Regional Transport Authority to take the view that a particular applicants claims are superior to those of others
The question can also be considered from another point of view
Section 47 makes it obligatory on a Regional Transport Authority in considering an application for stage carriage permit to have regard to the various matters mentioned therein
One of the matters about which regard must be had is contained in cl
e viz the operation by the applicant of other transport services including those in respect of which applications from him for permits are pending
In respect of item 10 in our opinion the answer given by the appellant appears to be fairly satisfactory
In respect of items 14 and 15 the High Court s view appears to be that over and above the number of permits mentioned therein the appellant should have given an exhaustive list of the other permits held by it in the State under item 14 or in any other State under item 15
The Transports
Authorities
in our opinion would be acting within their jurisdiction when they take into account the matter governed by cl
e of section 471 in calling upon a party to give more complete details and give an opportunity to the other parties before it to state their objections
That is exactly what had been directed to be done by the Appellate Committee when it sent back the proceedings to the Regional Transport Authority
In this view it follows that the order of the High Court treating the appellant s applications as invalid and excluding them from the consideration of the Transport Authority is not warranted by the provisions of the Act
The result is that the order of the High Court dated October 5 1967 is set aside and that of the Appellate Committee dated June 9 1966 is restored
Respondents 1 to 3 and 5 will pay the costs of the appellant


Summary:
The appellant as well as
Respondents 1 to 5 and 8 to 16 applied to the Regional Transport Authority Nagpur on various dates in the years 1964 65 under s 46 of Act IV of 1939 for grant of stage carriage permits on certain routes
After notification of the applications and considering objections of and hearing the parties the Regional Transport Authority passed orders granting permits in favour of the appellant
Respondents 1 to 5 filed appeals before the Appellate Committee of the transport authority of Maharashtra challenging the permits granted to the appellant on the ground that in the appellant s application mandatory information required to be submitted under section 46 read with the form prescribed under Rule 80 of the relevant rules had not been furnished by the appellant
The Appellate committee upheld the challenge and remanded  the matter to the Regional Transport Authority for re consideration with a direction that the appellant should be asked to furnish complete information and after the receipt of such information in the prescribed form as well as compliance with the normal procedure the entire matter be re heard and decided afresh
Respondents 1 to 5 challenged this order of the Appellate Committee before the High Court trader articles 226 and 227 of the Constitution contending that the Committee should have rejected the applications of the appellant on the ground that the mandatory provisions of section 46 had not been complied with and that the order of the Committee really amounted to allowing the appellant to convert a defective
application so as to bring it in conformity with the provisions of the Act and the form which was not permissible in law
The High Court accepted this contention holding that the Appellate Committee had no jurisdiction to give the appellant a fresh opportunity to
furnish the necessary particulars
It therefore remanded the matter with a direction that the applications of all parties excepting that of the State
Road Transport Corporation be considered and a decision reached on the grant of permits between the rival applicants
In appeal before this Court it was contended inter alia that the
High Court was in error in interfering in a writ petition under articles 226 and 227 with the order of the Appellate Committee that the form prescribed by the State Government for an application for a permit had  gone beyond the rule making power of the State
Government under section 68 of the Act and that the provisions of section 46 of the Act are not mandatory and there is no jurisdiction in the authorities functioning under the Act to reject an application summarily on the ground that it was not in conformity with the Act or the Rules framed thereunder
320 HELD Allowing the appeal i Since the impugned order of the Appellate Committee was challenged on the ground  of lack of jurisdiction it was not possible to hold that the High Court could not have entertained the writ petition under Ars 226 and 227
C Nagendra Nath Bora vs The Commissioner of Hills Division ii The form prescribed by the State Government requiring the furnishing of information on the various particulars and matters referred to
therein was not beyond the rule making power of the State Government under section 68 of the
Section 46 rule 80 and the form prescribed have
to be read together and so read it follows that an applicant for a permit must comply at any rate substantially with the various matters mentioned therein
Section 68 is not controlled by section 46 of the Act
In fact it specifically enables the State Government to make rules for the purpose of carrying into
effect the provisions of Chapter IV
The Chapter itself is entitled Control of Transport Vehicles  and if with a view to carrying into effect the object of control of transport vehicles the form requires information on various matters over and above those enumerated in cls
a to d of section 46 it cannot be stated that the State Government has acted beyond its rule making powers when prescribing such a form
The form so prescribed forms an integral part of rule 80 which the State Government is authorised to make
 under section 68 of the Act
330 A D CKM Services vs Mys
Revenue Board AIR 1960 Mys 72 and Sethuramachar vs Hirannayya AIR 1960 Mys 90 referred to
iii The order of the High Court treating the appellant s applications as invalid and excluding them from the consideration of the Transport Authority was not warranted by the provisions of the Act
There is no provision in the statute giving a power to the transport authorities to reject an application summarily on the ground that it does not give some information on certain particulars required under section 46
It is needless to state that an applicant must furnish full and complete information that is within his knowledge or possession in his application for the grant of a permit
It is in the interest of the applicant himself to give such full and complete information because he stands the risk of the permit not being granted to him for lack of information on certain matters
But this is quite a different thing from the power of the authority to reject an application forthwith on the ground that the application is defective
D F SH Motor Transport Company vs The State Transport Appellate Authority
Petition No 6 of 1969 decided on 3 3 1969 by the Madhya Pradesh High Court disapproved