JUDGMENT 1. This special appeal is directed against the judgment dated 13.2.92 passed by the learned Single Judge. The learned Single Judge has dismissed the writ petition only on the ground that it pertains to contractual matter. 2. That the appellant is a union of Lime Stone Truck Transport Operators in the District of Jaisalmer. The trucks are being engaged by the second respondent namely Rajasthan State Mineral an Development Corporation (hereinafter referred to "RSMM") for the purpose of Transportation of Lime Stone from the Mines known as Sonu Mines. The second respondent which is an undertaking of the Government of Rajasthan has been illegally compelling the truck operators to carrying 13.50 mt steel grade lime stone in each truck. It is submitted by Mr. Putohit learned counsel for the appellant that such a clause in the contract is in violation of Section 113 and 114 of the Motor Vehicles Act, 1988. As per the said provisions no person can carry more weight than that mentioned in the registration certificate of the vehicle. The violation of the provision disqualifies a driver and his licence can also be revoked and he can be declared disqualified for possessing driving licence. 3. In our view, no condition can be provided in a contract contrary to the statute more particularly which constitute an offence. Thus, condition in the contract compelling the truck owners to carry more weight than the prescribed in the registration certificate is exfacie, illegal and void. The learned Single Judge has committed error in dismissing the writ petition only on the ground that it is a contractual matter. 4. Consequently we allow this special appeal and set aside the judgment of the learned Single Judge dated 13.2.92. The writ petition is allowed. The respondents are directed to exclude the condition from the contract compelling the truck owner to act contrary to the provisions of the Motor Vehicles Act and the Rules.Special appeal allowed - Order of Single Judge set aside - Writ Petition allowed. *******