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of <h1>High Court emphasizes jurisdiction of State Transport Authority over Regional Transport Authority decisions; stresses importance of compliance with Motor Vehicles Act.</h1> <h3>Bisakha Rani Ghose Versus Satish Chandra Roy Singha and Ors.</h3> The High Court allowed the petitioner's appeal, emphasizing the State Transport Authority's jurisdiction to entertain the appeal against the Regional ... - Issues:1. Jurisdiction of State Transport Authority to entertain an appeal.2. Alleged absence of a member during the hearing at the Appellate Tribunal.3. Refusal by Regional Transport Authority to grant a permit.4. Compliance with the provisions of Section 47 of the Motor Vehicles Act.Analysis:1. Jurisdiction of State Transport Authority: The petitioner appealed to the State Transport Authority (S.T.A.) against the Regional Transport Authority's (R.T.A.) decision to grant a permanent permit to another applicant. The S.T.A. allowed the appeal, citing a better claim by the petitioner under Section 47(1)(e) of the Motor Vehicles Act. The Appellate Tribunal, however, contended that the S.T.A. had no jurisdiction to entertain the appeal as the application was not technically refused by the R.T.A. The High Court held that the R.T.A.'s decision to grant the permit to one applicant implied the refusal of other applications, making the appeal to the S.T.A. valid. The Court found an error in the Appellate Tribunal's order on this ground.2. Alleged absence of a member at the Appellate Tribunal: The petitioner alleged that one of the members, Dr. A. D. Mukherjee, was absent during the appeal hearing at the Appellate Tribunal. The Tribunal's minutes indicated Dr. Mukherjee's presence, but the petitioner contested this, claiming the minutes were inaccurate. The High Court found the absence of Dr. Mukherjee to be a crucial point, questioning the validity of the Tribunal's findings based on this discrepancy. This issue significantly impacted the judgment in favor of the petitioner.3. Refusal by Regional Transport Authority: The High Court emphasized that when multiple applicants seek a permit, the R.T.A. must either accept or refuse each application promptly. In this case, the R.T.A.'s decision to grant the permit to one applicant was deemed as a refusal to others. The Court asserted that every citizen has the right to conduct their chosen business, and the R.T.A. must strictly adhere to the Motor Vehicles Act's provisions. Failure to do so could result in a violation of fundamental rights, as seen in this instance.4. Compliance with Section 47 of the Motor Vehicles Act: The Court reiterated the mandatory nature of complying with Section 47 of the Motor Vehicles Act. It emphasized that the R.T.A. must consider the provisions of Section 47 when processing permit applications. Even if the issue under Section 47(1)(e) is not raised explicitly, the R.T.A. is obligated to address it if relevant. The High Court highlighted the importance of adherence to statutory requirements for fair and lawful decision-making.In conclusion, the High Court allowed the petitioner's appeal, quashing the Appellate Tribunal's order and directing a rehearing. The judgment underscored the significance of jurisdiction, procedural accuracy, and statutory compliance in administrative decisions involving permit grants under the Motor Vehicles Act.
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