Ganeshlal Bhanwarlal v. Regional Transport Officer
1965-09-28
JAGAT NARAYAN
body1965
DigiLaw.ai
JAGAT NARAYAN, J.—This is a petition under Art.226 of the Constitution against an order of the Registering Authority, Udaipur, suspending the registration of the jeep of the petitioners under sec. 33(1) (b) of the Motor Vehicles Act. 2. I have heard the learned counsel for the petitioners and the learned Government Advocate and am satisfied that the order is erroneous. 3. It is not disputed that the petitioners are owners of a light motor vehicle No.RJY 1483 which they use for the purpose of their dairy business. They bring milk for sale in this jeep from village Lakadawas and other neighbouring villages for sale in their dairy. Sec. 42(1) of the Motor Vehicles Act lay down that no owner of a transport vehicle shall use the vehicle in any public place without a permit. "Transport vehicle" is defined under sec. 2(33) as a public service vehicle or a goods vehicle. 4. " Public Service vehicle" is defined under sec. 2(25) as a motor vehicle used for the carriage of passengers for hire or reward. "Goods vehicle" is defined under sec. 2(8) as any motor vehicle used for the carriage of goods solely or in addition to passengers. "Light motor vehicle" is defined under sec. 2(13) as a transport vehicle the registered laden weight of which does not exceed 3,000 kilograms. The registered laden weight of the jeep of the petitioners being below 3,000 kilograms it is a light motor vehicle. 5. There are a number of exceptions to sec. 42(1) which are given in sub-sec. (3) clause (1) of which runs as follows: "Sec 42. (3). Sub-sec. (1) shall not apply — (1) except as may otherwise be prescribed, to any goods vehicle which is a light motor vehicle and does not ply for hire or reward, or to any two-wheeled trailer with a registered laden weight not exceeding 800 Kilograms drawn by a motor car." The jeep of the petitioners falls under the above exception as it is not plied for hire or reward. A light vehicle which is used as a delivery van for the purpose of ones own business is not plied for hire or reward. 6. The petitioners are entitled to use their jeep No.RJY 1483 for the purpose of their own dairy business without a permit. 7.
A light vehicle which is used as a delivery van for the purpose of ones own business is not plied for hire or reward. 6. The petitioners are entitled to use their jeep No.RJY 1483 for the purpose of their own dairy business without a permit. 7. I accordingly allow the writ petition and quash the order of the Registering Authority dated 3rd May, 1965 suspending the registration of the jeep. 8. In the circumstances of the case, I direct that parties shall bear their own costs of this writ petition.