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1985 (2) TMI 314

..... .D. Agarwala, 1 . This is a petition under Art 226 of the Constitution of India arising out of proceedings under the Motor Vehicles Act, 1939, hereinafter referred to as the Act. The two petitioners who have filed the present petition are Kanchan Singh and Inder Pal Singh. Both the petitioners held a joint stage carriage permit No. 1331 on KhurjaMeerut route. This permit was valid till 18th August, 1973. On 12th April, 1973, the petitioners sent an application for renewal of the permit under certificate of posting to the Regional Transport Officer, Meerut in his capacity as the Secretary of the Regional Transport Authority. Meerut. This application was in fact, not received by the Regional Transport Officer, Meerut, who in fact is the Secre .....

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..... ewal application and granted the renewal in favour of the petitioner. It was noted in the resolution of that day that the application of Gopi Singh was not submitted within six weeks from the date of expiry of the permit. It was not published in the U. P. Gazette and no security money was deposited. 4. Aggrieved by the decision of the Regional Transport Authority, Meerut, Gopi Singh filed an appeal under Section 64 of the Motor Vehicles Act before the State Transport Appellate Tribunal Lucknow. The Tribunal by an order dated 6-12-1984 allowed the appeal of Gopi Singh, set aside the resolution of the Regional Transport Authority, Meerut by which the renewal application of the petitioner was accepted and further granted a regular stage carria .....

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..... he application made by Gopi Singh had not been submitted six weeks before the date of expiry of the permit It has been further found that the security money had not been deposited and the application had not been published in the U. P. Gazette. The appellate Court did not consider these factors at all and after rejecting the renewal application granted the permit in favour of Gopi Singh without recording any reason as to why the application of Gopi Singh was treated as valid in the eye of law. Since the application of Gopi Singh was neither within time nor security had been furnished and neither it was published the application of Gopi Singh was wholly incompetent and as such the permit, if any, could not be granted to Gopi Singh. The secon .....

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..... be filed before the authority concerned not less than 120 days before the date of its expiry. 13. In Black's Law Dictionary, the word 'made' has been defined as 'filed'. No other definition has been placed before me. 14. On a reading of the provisions of the Limitation Act also it does appear that the word 'made' should be given the meaning 'filed'. 15. Section 3 of the Limitation Act, 1963 provides that an application made after the prescribed period has to be dismissed as barred by time. Here also in this Section the word 'made' has been used. It implies that the application has to be made before the authority concerned within the prescribed period. If an application has to be made before the a .....

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..... he permit and thereafter the application for renewal is considered, all these procedures take time and it is for this reason that the Parliament provided that the application for renewal should be made at least 120 days before the expiry of the permit. If any other interpretation is given to the word 'made' used in Section 58(2), the result may be that it will not be possible for the authority concerned to comply with the provisions of Section 57 of the Act. 19. I am consequently clearly of the opinion that the word 'made' should be given the meaning as 'filed'. 20. 'Filing' does not contemplate personal presentation. The applicant can use any mode he likes but the application should be received by the author .....

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..... on Khurja-Meerut route. Since the vacancy has been caused in respect of this route, the authorities shall take steps for granting a fresh regular stage carriage permit in respect of this route after following the procedure prescribed under the Act. Since the petitioners have been running their stage carriage on this route for a very long time and also by virtue of the stay order passed by this Court, I think in the interest of justice to permit the petitioners to ply the vehicle on this route in order that the public may not be inconvenienced till the matter relating to the grant of a regular stage carriage permit in respect of the route in question is ultimately decided by the authorities concerned. The vacancy caused by the expiry of the .....

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