Law: Motor Vehicles Act, 1939

Section: S. 62

  Writ petition-Locus standi-Petitioner, prior sole operator, on route on which new temporary, route permits were granted to other operators--Entitled to prefer petition-Petitioner's interests affected by issue of new permits, though he may, not have vested right in retaining his monopoly.   Motor Vehicles Act (IV of 1939), S. 62-Temporary route permit-Question determinable by High Court in writ jurisdiction if grant is "arbitrary, mala fide or clearly outside purview of S. 62"-High Court not Court of appeal in such cases-Will not interfere simply on ground that case is not made out for issue of such permit-Constitution of Pakistan (1956), Art. 170.   The High Court is not precluded from examining whether the action of the Regional Transport Authority falls within the purview of section 62, for the temporary permits envisaged by section 62 can be issued only in the circumstances specified therein and the Regional Transport Authority does not enjoy unfettered or absolute discretion to act as it pleases. Il~ its action is arbitrary, mala fide or clearly outside the purview of section 62 of the Motor Vehicles Act, the High Court will be justified in interfering with such an order. The High Court is not a Court of appeal and will not interfere with the order of the Regional Transport Authority simply for the reason that in the Court's view a case is not made out for the issue of a temporary permit, as long as the Regional Transport Authority does not traverse beyond the scope of section 62.   Khandari Babu v. Regional Transport Authority, Udaipur Region, Udaipur A I R 1954 Raj. 78 considered.   Motor Vehicles Act (IV of 1939), S. 62 (c) read with S. 57-Temporary route permits-May, be granted to meet "immediate" need of public, where, in fact, such need could be adequately met by grant of permanent permits only.   Clause (c) of section 62, Motor Vehicles Act, 1939 is intended to cover particular temporary needs which may arise due to a variety of circumstances. It is neither possible nor desirable to attempt an exhaustive enumeration of the situation which would be covered by clause (c), but it is clear that…