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2015 DIGILAW 728 (KAR)

BANGALORE TOURIST TAXI OWNERS v. REGIONAL TRANSPORT AUTHORITY

2015-07-09

H.G.RAMESH

body2015
ORDER : H.G. RAMESH, J. 1. In these writ petitions, the petitioners are challenging 100 contract carriage permits issued to respondent No.2 by the Regional Transport Authority, Bangalore. Copies of the impugned permits are produced as Annexures-D1 to D100. 2. I have heard Sri M. Keshava Reddy and Sri Mohammed Dastagir, learned counsel appearing for the petitioners and perused the record. 3. The contention urged is that the impugned permits were not preceded by any order of grant by the Regional Transport Authority. The other contention is, no conditions referred to in sub-section (2) of Sec.74 of the Motor Vehicles Act, 1988 (‘the Act’) are attached to the permits. 4. In support of the aforesaid two contentions, learned counsel appearing for the petitioners referred to sub-sections (1) & (2) of Sec.74 and Sec.85 of the Act. The said provisions are extracted below: “74. Grant of contract carriage permit.— (1) Subject to the provisions of subsection (3), a Regional Transport Authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any area not specified in the application. (2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:— (i) that the vehicles shall be used only in a specified area or on a specified route or routes; (ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area; (iii) the maximum number of passengers and the maximum weight of luggage that may be carried on the vehicles, either generally or on specified occasions or at specified times and seasons; (iv) the conditions subject to which goods may be carried in any contract carriage in addition to, or to the exclusion of, passengers; (v) that, in the case of motor-cabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicle; (v) that, in the case of vehicles other than motor-cabs, specified rates of hiring not exceeding specified maximum shall be charged; (vi) that in the case of motor-cabs, a specified weight of passengers’ luggage shall be carried free of charge, and that the charge, if any, for any luggage in excess thereof shall be at a specified rate; (viii) that, in the case of motor-cabs, a taximeter shall be fitted and maintained in proper working order, if prescribed; (ix) that the Regional Transport Authority may, after giving notice of not less than one month,— (a) vary the conditions of the permit; (b) attach to the permit further conditions; (x) that the conditions of permit shall not be departed from save with the approval of the Regional Transport Authority; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) that, except in the circumstances of exceptional nature, the plying of the vehicle or carrying of the passengers shall not be refused; (xiii) any other conditions which may be prescribed. (3) ……………………………………………………………… 85. General form of permits.—Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto.” (Emphasis supplied) 5. (3) ……………………………………………………………… 85. General form of permits.—Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto.” (Emphasis supplied) 5. As all the impugned permits are similarly worded, it is sufficient to extract one of them, which reads as follows: “FORM NO 42 [Sub-Rule 64(i)(ii)] PERMIT IN RESPECT OF A CONTRACT CARRIAGE REGIONAL TRANSPORT AUTHORITY BANGALORE Region KA01-LT/CC-LT/376/2014-15 Issue Date: 04.12.2014 1. Name of Permit Holder/Company: SERENDIPITY INFOLABS PVT LTD S/o, W/o, D/o : NA 2. Address : 855 4 TH floor 6 TH MAIN BEHIND RAGIGUDDA TEMPLE J P NAGAR 2 ND PHASE, BANGALORE 560078 3.(a) Registration Mark : KA01-AD-8262 MOTCAB-MOTOR CAB (b) Chassis Number : MAT-612274-EKC-07752 (c) The vehicle is held under Hire Purchase Agreement with: 4. Maximum No of passengers Permitted to be carried : 4 in all THROUGHOUT KARNATAKA STATE 5. Area for which is valid the : Permitted 6. Date of Expiry : From 04-Dec-2014 To 03-Dec-2019 7. Whether a taximeter is to be fitted and if so the make & Serial Number (in case of motor cab only)…………………………………. 8. This permit shall be subject to the following conditions in addition to the conditions laid down in section 84 of the Act: (a) The Regional Transport Authority may, after giving notice of not less than one month: (i) vary the conditions of the permit (ii) attach to the permit further conditions (b) The records to be maintained and the date on which returns are to be made to the Transport Authority: (c) Any other conditions. 9. This permit does not entitle the holder to use the vehicle herein described as a stage carriage or as a goods vehicle for hire: 10. Under the provisions of Rule……this permit is valid also in the regions and subject to the conditions set out below……. Region Route/Area Conditions Fee Details Rs.500/ Challan No: CL906839 04/12/2014 Sd/- Secretary Regional Transport Authority Bangalore” 6. The impugned contract carriage permits are issued by a Regional Transport Authority. Sec.74 of the Act does not contemplate a separate order to be preceded before issuance of a contract carriage permit. It only contemplates grant of a contract carriage permit by a Regional Transport Authority, on an application made to it under Sec.73 of the Act. The impugned contract carriage permits are issued by a Regional Transport Authority. Sec.74 of the Act does not contemplate a separate order to be preceded before issuance of a contract carriage permit. It only contemplates grant of a contract carriage permit by a Regional Transport Authority, on an application made to it under Sec.73 of the Act. Further, as could be seen from Sec.74 (2) of the Act, attaching conditions laid down therein to a contract carriage permit is left to the discretion of the concerned Regional Transport Authority. In view of the above, both the contentions are devoid of merit. The writ petitions are accordingly dismissed. Petitions dismissed.