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Judgment
J.N. Sarma, J.—This Writ Appeal has been filed against the judgment dated 22.12.1993 by Single Judge of this Court in CR No. 2318/92. The learned Single Judge considered Section 69 of the Motor Vehicles Act, 1988 and by considering that Section in paragraph 10 of the Judgment he has given certain directions to the authority concerned to comply with Section 69 of the Motor Vehicles Act, 1988.
We nave heard Mr. K.C. Das, learned Counsel for the appellant and Mr. D.P. Chaliha, learned Govt. Advocate and Mr. A.M. Buzarbaruah, learned Advocate for respondent No. 4.
Mr. Das submits that paragraphs 11 and 12 of the judgment may create difficulty for the authority. Paragraph 11 of the Judgment only speaks about the decision given in Civil Rule No. 4895 and no infirmity can be found in this paragraph of the judgment. Paragraph 12 of the judgment says that the Secretary, Regional Transport Authority, Nagaon is directed to transfer the records/files to the Regional Transport Authority at Morigaon in terms of Section 69 of the Act and keeping in view the earlier order passed by this Court. This direction also is absolutely legal, proper and valid as the learned Judge has only directed the authority to comply with Section 69 of the Motor Vehicles Act.
In that view of the matter, we do not find any infirmity in the impugned judgment and accordingly this appeal stands rejected. Before we part with the record, we may also further point out that this appeal is against the discretion exercised by the learned Single Judge and the power of the Appellate Court to interfere with the exercise of discretion of the Court of first instance and substitute its own discretion is absolutely circumscribed except where the discretion has been shown to have been exercised arbitrarily, capriciously perversely or where the Court had ignored the settled proposition of law. A perusal of the impugned judgment of the learned Single Judge will show that there was no infirmity on this count.
Shri Das submits that all the files have already been transferred to Morigaon. The authority at Morigaon is directed by the order itself that the authority shall scrutinise the records and find out whether the files sent to it are to be sent back to the Regional Transport Authority at Nogaon in compliance of Section 69 of the Motor Vehicles Act.