Case: Dhani Devi Vs. Sant Bihari &amp; Ors

1. Several persons including one Ram Bichar Singh filed applications for the grant of a permanent stage carriage permit for the Chapra-Masrakh-Siwan-Gopalganj route before June 15, 1963 the last date appointed for the receipt of the applications by the North Bihar Regional Transport Authority. Ram Bichar Singh died on April 12, 1965 before the final disposal of his application. His widow Dhani Devi succeeded to the possession of the transport vehicles left by him and accordingly under Section 61 (2) ofthe Motor Vehicles Act, 1939, the Regional Transport Authority transferred to her all the permits held by him for other routes. On May 4, 1966, the Regional Transport Authority considered all the applications, allowed Dhani Devi to prosecute the application filed by her husband and directed the grant of the permit to her. Sant Bihari Sharma, Chandra Kirti Singh and other unsuccessful applicants filed appeals against the order under S. 64. At the hearing of the appeals it was contended that the order was without jurisdiction as Dhani Devi had no right to prosecute the application filed by her husband. The State Transport Appellate Authority accepted the contention, set aside the order appealed from and directed the grant of the permit to Sant Bihari Sharma and in case of his failure to comply with certain conditions gave the second preference to Chandrakirti Singh, Dhani Devi, Chandrakirti Singh and another applicant filed revision petitions against the order under Section 64A. The Transport Minister allowed the revision petition of Dhani Devi and restored the order of the Regional Transport Authority. He held that the order of the Regional Transport Authority was not without jurisdiction. Sant Bihari Sharma and Chandrakirti Singh filed two writ petitions in the Patna High Court challenging the said order. The High Court allowed the petitioners, quashed the order for the grant of permit to Dhani Devi and remanded the matter for disposal according to law. The present appeals have been filed by Dhani Devi against the orders passed by the High Court.

Reasoning: 4. Under Section 57 an application for a stage carriage permit or a public carriers permit must be made within the appointed time and published in the prescribed manner. The representations relating thereto must also be made before the appointed time. In the event of the death of an applicant after the expiry of the time appointed for making the applications, the persons succeeding to the possession of the vehicle cannot, having regard to the lapse of time, make another application in his own right. The successor cannot obtain the permit unless he is allowed to prosecute the application filed by his predecessor and we see no reason why he cannot be permitted to do so. Where the successor is allowed to prosecute the application, the Regional Transport Authority may have to take into consideration many matters personal to the successor, such as his experience, the facilities at his disposal for operating the services and his adverse record, if any. The matters personal to the deceased applicant can no longer be taken into account. The rival applicants should, if necessary be given suitable opportunity to file objections against the grant of the permit to the successor. Section 57 does not deal with the situation arising on the death of an applicant nor has it prescribed any time for the making of an application for substitution of the successor or for the filing of objections against the grant of the permit to him5. Under Section 57 (1) an application for a contract carriers permit or a private carriers permit may be made at any time, and therefore the Regional Transport Authority can more readily allow the successor to prosecute the application filed by his predecessor. The Regional Transport Authority may similarly deal with the situation arising on the death of an applicant for the variation of the permit under Section 57 (8) or the renewal of the permit under Section 58. Likewise in the case of the death of an applicant during the pendency of an appeal under Section 64, or a revision petition under Section 64A the appellate or the revisional authority has power if it thinks fit to substitute the successor in place of the deceased applicant in the records of the proceedingsThe appellants husband Ram Bichar Singh made an application for the grant of a state carriage permit. Upon his death during the pendency of the application, the Regional Transport Authority allowed the appellant to prosecute the application filed by him. She made no formal application for substitution; but no objection was raised on that ground nor was any adjournment asked for by the rival claimants in order to enable them to file objections. Ram Bichar Singh is said to have left behind other heirs also, but no objection was taken on the ground of their non-joinder. The Regional Transport authority directed the grant of the permit to the appellant. On the materials on the record, the Regional Transport Authority found that the appellant was an experienced and displaced operator. That finding was not challenged in appeal. The only point taking in the appeal was that the application of Ram Bichar Singh had abated and the Regional Transport Authority had no power to allow her to continue the application. The Appellate Authority accepted the contention and set aside the order directing the grant of the permit to the appellant. The Transport Minister rightly set aside the order of the Appellate Authority has power to permit her to prosecute the application filed by her deceased husband. In our opinion, the High Court was in error in setting aside the order of the Transport Minister.