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2015 DIGILAW 914 (GAU)

K. Malsawma v. State of Mizoram

2015-07-24

M.R.PATHAK

body2015
JUDGMENT AND ORDER Manash Ranjan Pathak, J. Heard Mr. C. Lalramzauva, learned senior counsel assisted by Mr. Johny L. Tochhawng, learned counsel for the petitioners and Mr. Aldrin Lallawmzuala, learned Addl. Advocate General, Mizoram for the Official respondents Nos. 1 to 4. 2. Pursuant to the order dated 16.12.2014 passed by the Court in C.M. Application No. 234/2014, the private respondents No. 5 to 18 were impleaded in the present proceeding. Petitioners served notices of the case upon the respondents Nos. 5 to 7, 11 to 14, 17 & 18 by personal/dasti service on different dates between 17.12.2014 and 13.02.2015 by obtaining their signatures as receipts of such notices and thereafter on 23.03.2015 they filed an affidavit towards completion of such service of notices upon said respondents. 3. Mr. C. Lalramzauva, learned senior counsel on behalf of the petitioners submitted that petitioners have no grievances against the respondent Nos. 8 to 10, 15 & 16 as they have not applied for any Agent's Licences and prayed before the Court to delete their names from the cause title. 4. Petitioners herein are Booking Counter Agent's Licence holders under Rule 138 (2) of the Mizoram Vehicle Rules, 1996 issued by the State Transport Authorities and are selling tickets of Maxi Cabs like Sumo and such other vehicles to the passengers for Aizawl City and they earns their livelihood from the commissions by selling such tickets. 5. In a meeting held on 06.05.2014 with regard to the issue of 'Stringent Measure for checking Taxi Permit', the Transport Minister of the State with the departmental Parliamentary Secretary and concerned Officers of the State Transport Department took a decision that the Directorate of the Transport Department shall take initiative to conduct and inspect the legality of the Taxi Licences/Permits with regard to their genuineness and validity and shall submit compliance of action taken report. In the same meeting it was also decided that the Booking Counter Agent's Licence for Maxi Cabs/Private Buses and Goods Booking Agency (Bungrua Pek Chhuahna) Licences shall not be renewed until further order holding that the practice of issuing Taxi Permits without the approval of State Transport Authority (STA) should be avoided and such STA meeting shall be held only after obtaining approval of the Agenda from the Minister concerned. 6. 6. As per the decision in the said meeting the Director of Transport, Mizoram, Aizawl vide Memo No. C.31012/2/2014-DTE (STA) dated 27.05.2014 issued a public notice informing that fresh Booking Counter (Agent's Licence) shall be issued for issuance of tickets of passenger carrying Bus & Maxi Cabs and Goods Booking Agency Licences for Aizawl City and those who are interested with regard to such Agent's Licence they may submit duly filled forms before the STA Office, Chaltlang before 15.06.2014. 7. The petitioners submitted that Agents' Licences of the petitioner Nos. 5 & 6 were to expire on 19th & 13th June, 2014 respectively and the Agents' Licences for other petitioners are to expire by the year 2015 and though said petitioner Nos. 5 & 6 applied for renewal of their Agents' Licences in accordance with Rule 142 of the Mizoram Motor Vehicle Rules, 1996 those have not been renewed by the respondents. According to the petitioners it appears from the minutes of the aforesaid meeting dated 06.05.2014, the main concern of the Transport authorities was to curb the illegal and irregular practice of issuing Taxi Permits by some officers without obtaining approval of the STA, which they proposed to curb. In doing the same the respondents are not renewing the Agents' Licences of the petitioner Nos. 5 & 6, presumably due to the aforesaid resolution dated 06.05.2014 and such action in not renewing the Agents' Licences of the petitioners the respondents have acted illegally, arbitrarily and in violation of law and the Motor Vehicle Rules in force. 8. Being aggrieved, the petitioners have preferred this petition praying for setting aside the said resolution of the respondent Nos. 1 to 4 that they had taken in the meeting held on 06.05.2014 with regard to the non-renewal of the Booking Counter Agents' Licences of Maxi Cabs/Private Buses and Goods Booking Agency Licences, which was circulated vide letter under Memo No. B.12018/2/07-TRP dated 09.05.2014 and also to set aside the impugned decision of issuing fresh Booking Counter Agent's Licence and Goods Booking Agent's Licence for Aizawl City issued by Public Notice under Memo No. C.31012/2/2014-DTE (STA) dated 27.05.2014 and in the interim prayed to suspend the aforesaid impugned resolution of the meeting held on 06.05.2014 as well as the said Public Notice dated 27.05.2014 till the final disposal of the petition. 9. 9. The main contention of the petitioners herein is that because of the aforesaid decision taken by the respondents and the authority of the State Government in the Transport Department in its meeting held on 06.05.2014, the authorities of the Transport Department are not renewing the Booking Counter Agent's Licences of the petitioners and on the other hand the Director of Transport Authority by the Public Notice dated 27.05.2014 inviting fresh applications for allotting new Agent's Licence for Maxi Cabs/Private Buses and Goods Booking Agency Licences for Aizawl City, the respondents are intending to take away the livelihood of the petitioners. 10. The petitioners other contention is that by the impugned resolution dated 06.05.2014 and the impugned Public Notice dated 27.05.2014, the respondents planned to phase out the existing Agent's Licences issued to the petitioners by replacing them with fresh Agent's Licences though the State Government did not frame any policy decision in that regard and in the absence of any such valid policy decision, the respondents, in their discretion, cannot stop granting renewal of Licences to the petitioners and therefore the resolution of the respondents in the Transport Department dated 06.05.2014 and the consequential Public Notice dated 27.05.2014 are illegal and therefore liable to be set aside and quashed. 11. Mr. Aldrin Lallawmzuala, learned Additional Advocate General, Mizoram appearing on behalf of the respondent Nos. 1 to 4 has submitted that the petition is premature and no cause of action has arisen for issuing any Writ against the respondents. He submitted that the State respondents and the Transport Department have their right to issue Public Notice inviting applications for fresh Booking Counters (Agent's Licence) for issuing tickets of passenger carrying Buses/Maxi Cabs/Goods Booking Agency Licences for Aizawl City and accordingly the Director of Transport, Mizoram issued the said Public Notice dated 27.05.2014 informing the intending applicants to fill up their forms before 15.06.2014 to the Office of the State Transport Authority, Chaltlang and that by issuing said Public Notice the respondents did not cause any illegality. 12. Mr. Lallawmzuala has pointed out from the writ petition itself that the validity of Agent's Licences of the petitioner Nos. 12. Mr. Lallawmzuala has pointed out from the writ petition itself that the validity of Agent's Licences of the petitioner Nos. 1, 2, 3, 4, 15, 27, 36, 37 & 44 have already expired prior to the issuance of the Public Notice dated 27.05.2014 and with regard to the validity of the Agent's Licences of the other petitioners are yet to expire and there are much time for them to submit their applications for renewal of their Agent's Licences. It is further submitted that the respondents in the Transport Department have not rejected any renewal of Agent's Licences and by the decision dated 06.05.2014 it only came to a finding that there is need to inspect such Licences to find out its genuineness and validity since there are possibility of bogus & illegal Taxi Permits/Agent's Licences and misuse of such Agent's Licences by unauthorised persons as it has been found that these vehicles are parked on the road-side at different places, causing traffic congestion, posing danger to the public and the pedestrians as a whole. 13. Mr. Lallawmzuala further submitted that for the aforesaid reasons, in the meeting held on 06.05.2014 the authorities in the State Transport Department took the decision that the Directorate of the Transport Department shall conduct an inspection with regard to the legality, validity and genuineness of the Taxi Licences/Permits of Taxis/Cabs/Buses/Goods Carrying vehicles and shall submit its compliance of action taken report and for that purpose it was decided that the Booking Counter Agent's Licence for Maxi Cabs/Private Buses and Goods Booking Agency (Bungrua Pek Chhuahna) Licences shall not be renewed until further order. It is also submitted on behalf of the State respondents that in the said meeting dated 06.05.2014 it was decided to discontinue with the practice of issuing Taxi Permits without the approval of the State Transport Authority (STA) and that STA meetings shall be held only after prior approval of the Agenda of such STA meetings from the Minister concerned. 14. Mr. 14. Mr. Lallawmzuala also submitted that the respondents in the said meeting dated 06.05.2014 in the interest of public and their safety, alleviating the traffic congestion and to reduce the risk of accident to public decided to relocating the various counters within the City to its outskirts and for the said purpose project proposals have already been submitted to the 14th Finance Commission for construction of Maxi Cab-cum-Bus Terminals at East, West, North and South of Aizawl City. According the said respondents for that purpose, with the intention of giving equal & fair opportunity to all to facilitate smooth running of counters in proper manner at such strategic locations in the City and for mobility in the already congested Aizawl City, it was felt necessary to call for applications from the intending applicants including the present Agent's Licence holders to act as Agents at the strategic places in the City. 15. Mr. Lallawmzuala further submitted that the respondents in the Transport Department have not taken any final decision to reject such applications for renewal of Agent's Licences as alleged by the petitioners nor it decided to cancel and/or terminate such Licences and the decision for pending of renewal of License is purely on temporary measure for the reasons aforesaid. 16. The Mizoram Motor Vehicle Rules, 1995 came into force with effect from 06.05.1996 and Rules 75 to 153 under Chapter-V of said 1995 Rules provides for Control of Transport Vehicles. Relevant provisions of said 1995 Rules cited by both the Petitioners and the official respondents are placed below. 17. Rule 138 of said 1995 Rules provides for licensing and regulation of conduct of Agents and it read as follows: "138. Licensing And Regulation of Conduct of Agents: (1) Every owner of a public service vehicle to be let or plied for hire shall intimate to the State Transport Authority concerned the name and address of the person appointed on his behalf as the agent who has been engaged in the sale of tickets to passengers for travel by such vehicle. (2) No person shall act as an agent unless he has obtained an agent's licence in Form MRV-59 from the State Transport Authority concerned. (2) No person shall act as an agent unless he has obtained an agent's licence in Form MRV-59 from the State Transport Authority concerned. Explanation : For the purpose of this sub-rule persuading any person, soliciting or attempting to persuade any person, to travel in a vehicle shall be deemed to be acting as agent for the sale of tickets for travel thereby. (3) An agent's licence shall be valid for a period of twelve months from the date of issue or renewal and shall be effective only in the region/District where in it is issued or renewed. (4) No person under the age of 18 years shall hold an agent's licence. (5) Application for an agent's licence shall be made in writing to the State Transport Authority of the State wherein the applicant resides, in Form MRV-60 and shall be accompanied by two clear copies of recent photographs of the applicant. (6) The fee for an agent's licence, its renewal or for the issue of duplicate licence shall be as per rate fixed in rule 145. (7) An application for the renewal of an agent's licence shall be made by letter enclosing the licence accompanied by the prescribed fee, addressed to the State Transport Authority, by which the agent's licence was issued. If the application for renewal accompanied by the appropriate fee prescribed is not received on or before the date of expiry of the licence a late fee of Rs. 50/- shall be charged. (8) The State Transport Authority may, for reasons to be recorded in writing decline to issue or renew an agent's licence or grant licence on such condition as the State Transport Authority may consider it fit to impose. (9) (a) The State Transport Authority may for reasons to be recorded in writing, suspend or cancel an agent's licence. (b) On an agent's licence being suspended, cancelled or not renewed, it shall be surrendered forthwith to the State Transport Authority which issued the licence. (10) An agent shall on demand by any Officer of the Motor Vehicle Department not below the rank of an Inspector of Motor Vehicles in uniform produce his agent's licence for inspection. (11) No person shall hold more than one agent's licence effective in the same State. (12) The State Transport Authority may, specify that the agent shall wear a uniform of the type approved by it in that behalf. (11) No person shall hold more than one agent's licence effective in the same State. (12) The State Transport Authority may, specify that the agent shall wear a uniform of the type approved by it in that behalf. (13) The agent shall, when on duty, wear in a conspicuous place on his left breast a metal badge issued by the State Transport Authority on payment of a fee along with his name plate in block letters on white background in bold letters in Mizo, English or Hindi. No agent shall lend or transfer the badge to any other person and he shall surrender it to the State Transport Authority in the event of his licence being suspended, cancelled, or not renewed. If the badge is lost or destroyed, a duplicate badge shall be issued by the authority which issued it on payment of fifty rupees." 18. Rule 140 of said 1995 Rules deals with the necessity for Agent's Licence, which read as follows: "140. Necessity For Agent's Licence:- (1) No person shall act as an agent unless he holds a valid licence authorising the carrying on of his business of an agent at the place or places specified in the licence. (2) The State Transport Authority shall issue such licence." 19. Rule 141 of said 1995 Rules provides for Agent's Licence and it read as follows: "141. Agent's Licence: (1) Any person desiring to obtain agent's licence shall make an application to the State Transport Authority of the State in which he has his place of business or as the case may be, his principal place of business, such application shall be made in Form MVR-61. (2) The application shall be accompanied by the fee of Rs. 20/-. (3) In considering an application made under this rule, the licensing authority shall have due regard, among other things to:- (a) the number of goods vehicles, if any, either owned by the applicant or under his control; (b) the suitability of accommodation in-charge of the applicant for the storage of goods at every operating place; (c) the facilities provided by the applicant for parking goods vehicles while loading or unloading without hindrance to the general traffic in the area, and (d) the financial resources of the applicant and his experience in the trade. (4) The licensing authority shall either grant or renew the licence including a supplementary licence, for a branch office, if any in Form MVR-62 specifying the place or places where the business may be carried on, or refuse to grant or renew the licence: Provided that the licensing authority shall not refuse to grant or renew a licence or, a supplementary licence for a branch office applied for, unless the applicant is given an opportunity of being heard, and the reasons for refusal are recorded and communicated to him in writing. (5) The licensing authority shall, while granting or renewing a licence (including any supplementary licence) or at any time during the validity of licence, by order require a licence to furnish a security in cash of ten thousand rupees and when a licence had furnish earlier any security in pursuance of an order passed under this sub-rule, additional security not exceeding ten thousand rupees. (6) The licence shall be in two parts, namely, the principal part (hereinafter referred to as "the principal licence") in which supplementary licence issued for every separate establishment or branch office for loading, unloading or receipt or delivery of consignments is carried on, shall be mentioned and the supplementary part (hereinafter referred to as "the supplementary licence"). The details of the establishment or branch office (such as municipal house number, the nearest road, by land, the postal delivery district and other land marks in the vicinity to enable identification of the place of licence duly attested by the licensing authority) shall be attached to the licence. (7) The principal licence in Form MVR-61 shall be kept and displayed prominently at the head office, and the supplementary licence shall be kept and displayed prominently at each branch office to which it refers, except when the principal licence or supplementary licence, as the case may be, is forwarded to the licensing authority for effecting renewal thereof. Such licence shall be produced before any inspecting officer of the Motor Vehicles department. (8) An agent's licence shall be valid for a period of one year from the date of grant of its renewal. The date of expiry of the supplementary licence shall be co-terminus with the date of expiry of the principal licence irrespective of the date on which the supplementary licence is granted. (9) An agent's licence shall be non-transferable." 20. (8) An agent's licence shall be valid for a period of one year from the date of grant of its renewal. The date of expiry of the supplementary licence shall be co-terminus with the date of expiry of the principal licence irrespective of the date on which the supplementary licence is granted. (9) An agent's licence shall be non-transferable." 20. Rule 142 of said 1995 Rules provides for renewal of Agent's Licence, which read as follows: "142. Renewal of Agent's Licence:- (1) Agent's licence may be renewed on an application in Form MVR-63 made to the licensing authority not less than 30 days before the date of its expiry and shall be accompanied by the principal and all supplementary licence if any, and the prescribed fee. (2) The renewal of a licence shall be made by endorsement of renewal thereof by the licensing authority on the principal and supplementary." 21. Rule 143 of said 1995 Rules deals with the cancellation of Agent's Licence and it read as follows: "143. Cancellation of Agent's Licence:- (1) Without prejudice to any other action which may be taken against a licence, the licensing authority may, by order in writing, cancel an agent's licence or suspend it for such period as it thinks fit it in its opinion any of the conditions under which the premises have been approved or under which the licence has been granted have been contravened. (2) Before making any order of suspension or cancellations under sub-rule (1), the licensing authority shall give the licence an opportunity of being heard and shall, record reasons in writing for such cancellation or suspension. (3) Where a licence is liable to be cancelled or suspended under Sub-rule-(1), except in the case of a contravention of clause (c) of sub-rule (3) of Rule 146 and the licensing authority is of the opinion that having regard to the circumstances of the case it would be unnecessary or inexpedient to cancel or suspend the licence if the licensee agrees to pay a certain sum of money then, notwithstanding anything contained in the sub-rule, the licensing authority, may, instead of cancelling or suspending as the case may be, the licence, recover from the licensee, the sum of money agreed upon. (4) The power exercisable by the licensing authority under sub-rule (1) may be exercised also by the appellate authority. (4) The power exercisable by the licensing authority under sub-rule (1) may be exercised also by the appellate authority. (5) The licensing authority may order the forfeiture in whole or in part, of the security furnished by the licensee under those rules for contravention of any provision of these rules by the licensee. Provided that no such forfeiture shall be made unless the licencee is given an opportunity of being heard. (6) In the event of the forfeiture of a security deposit or part thereof, by the licensing authority, the licence shall cease to be valid if the licencee fails to make payment or bring the security already furnished by him to its original value within thirty days of the receipt of the order of the forfeiture. 22. Rule 146 of said 1995 Rules provides for conditions of Agent's Licence, which read as follows: "146. Conditions of Agent's Licence:- An agent's licence shall be subject to the following conditions namely:- (1) The licensee subject to the provisions of rule 148 provided adequate space for the parking of vehicles for the purpose of loading and unloading of goods. (2) The licensee shall be responsible for proper arrangement of storage of goods collected for despatch or delivery or both. (2) The licensee shall be responsible for proper arrangement of storage of goods collected for despatch or delivery or both. (3) The licensee shall, - (a) take all necessary steps for proper delivery of the goods to the consignee; (b) be liable to indemnify the consignee for any loss or damage to goods while in his possession, by adequate insurance cover, where available, at the cost of the consignor or consignee; (c) issue to the consignor and consignee a goods transport receipt only after he actually receives goods for despatch and state therein the weight, nature of goods destination, approximate distance over which the goods are to be carried, the freight charged, the service charge, if any, such as for local transport, insurance while in his custody and labour charges, if any, for loading and unloading provided that the service charge shall be reasonable and proof of its reasonableness established, if required by the licensing authority; (d) undeliver the goods to the consignee without actually receiving the consignee's note or any such note issued by the office which received the goods for despatch or if this note is lost or misplaced, an indemnity bond covering the value of goods; (e) issue copy of every goods transport receipt issued to the consignor or consignee to the driver of the goods vehicle transporting the goods and shall not allow any consignment to be loaded without handing over a copy of the receipt in respect thereof to the driver; (f) maintain in Form MVR-64 a proper record of collection, despatch or delivery of goods, the registration mark of the vehicle in which goods are carried for transport and make the same available for inspection by the licensing authority or by any person duly authorised by it in this behalf; (g) uncharge commission exceeding that which may be fixed by the State Transport Authority, subject to the orders of the State Government, if any; (h) maintain proper account of the commission charged by him to every operator of goods vehicles engaged by him; (i) maintain of weighing device in good condition and capable of weighing at a time not less than 250 kilograms; (j) unaccepted goods for transport without valid reasons; and (k) comply with the provisions of this rules. 23. 23. From Sub-Rule 8 & 9 of Rule 141 of said 1995 Rules it is seen that an agent's licence shall remain valid for a period of one year from the date of grant of its renewal and the date of expiry of the supplementary licence shall be co-terminus with the date of expiry of the principal licence irrespective of the date on which the supplementary licence is granted and further the same is nontransferable. Moreover, Sub-Rule 4 of said Rule 141 of 1995 Rules describes that the licensing authority shall either grant or renew the licence including a supplementary licence, for the branch office, if any in Form MVR-62 specifying the place or places where the business may be carried on, or refuse to grant or renew the licence, provided that the licensing authority shall not refuse to grant or renew a licence or, a supplementary licence for a branch office applied for, unless the applicant is given an opportunity of being heard, and the reasons for refusal are recorded and communicated to him in writing. 24. As provided under Rule 142 of said 1995 Rules, for renewal of Agent's Licence such Licence holder is required to file an application before the licensing authority prior to 30 (thirty) days of expiry of such license in Form MVR-63, accompanied by the principal and all supplementary licence, if any, with the prescribed fee and the licensing authority may renew such licence by making renewal endorsement on the principal and supplementary licenses. 25. As per the provisions of Rule 143 of said 1995 Rules, the licensing authority, without prejudice to any other action that may be taken against a licence, by an order in writing may cancel an agent's licence or suspend it for certain period as it thinks fit, if such authority is of the opinion that such licence holder contravenes any of the conditions under which the premises have been approved or under which the licence has been granted. But the licensing authority before making any such order of suspension or cancellations of Agent's Licence said authority have to give an opportunity of hearing to the licenses and shall have to record the reasons in writing for such cancellation or suspension. 26. But the licensing authority before making any such order of suspension or cancellations of Agent's Licence said authority have to give an opportunity of hearing to the licenses and shall have to record the reasons in writing for such cancellation or suspension. 26. As per Sub-Rule 8 of Rule 138 of said 1995 the State Transport Authority by recording the reasons in writing may decline to issue or renew an agent's licence or grant licence on such condition as the said authority considers it fit to impose. Again Sub-Rule 9 of said Rule 138 of 1995 Rules prescribes that after recording the reasons in writing, the State Transport Authority may suspend or cancel or decided not to renew an agent's licence and on such suspension/cancellation/non-renewal the licence holder is required to surrender the agent's license to the State Transport Authority, which issued the said licence. 27. The present petition was filed on 12th June 2014 and was moved on the same day. But prior to the filing of the same and prior to the said public notice dated 27.05.2014, the validity/term of Agent's Licence of petitioner Nos. 1, 2, 3, 4, 15, 27, 36, 37 and 44 expired between 17.03.2010 and 14.03.2014 and for the rest of the petitioners the validity/term of their Agent's Licence much after the filing of the said petition and these facts have not been denied by the respondents. 28. The petitioners themselves in the petition have stated that - the respondents in its meeting on 06.05.2014 deliberated on six matters pertaining to the Transport Department and the relevant issue in connection with the case in hand is agenda No.4 relating to 'stringent measure for checking taxi permit' under which, the meeting decided to conduct an inspection of illegal taxi licences/permits in terms of its genuineness and validity for which the Directorate was asked to take initiative and submit its compliance action report and the booking counter Agent's Licence for maxi Cabs/Private Buses and Goods Booking Agency Licence was not to be renewed until further order and the practice of issuance of taxi permit without the approval of the STA has been avoided and decided to hold the STA meeting only after obtaining approval of Agenda from the departmental Minister. The petitioners in the petition itself have clearly stated that the main concern of said meeting was regarding the illegal/irregular practice of issuing taxi permits by some officers without obtaining approval of the STA, which was proposed to be curbed as such the petitioners are fully aware of the reason for non-renewal of Agent's Licence for Maxi Cabs/Private Buses and Goods Booking Agency Licence until further order. 29. As noted above, Sub-Rule 9 of Rule 138 of the 1995 Rules empowers the State Transport Authority to decide not to renew an agent's licence after recording the reasons in writing. In the present case from the minutes of the said meeting dated 06.05.2014, it is seen that the respondents in the Transport Department by recording the reasons in writing decided not to renew the agent's licence until the Directorate of Transport conducts inspection of illegal taxi licences/permits with regard to its validity and genuineness and submit its compliance report. 30. Moreover, from the minutes of the meeting of the State Transport Authority, held on 30.09.2014, annexed by the petitioners in their C.M. Application No. 225/2014 filed in the present case, which was disposed on 11.12.2014, in Serial No. 15 of the said minutes relating to the 'application for fresh and renewal of counter agents' license it is seen that the STA after granting renewal of Counter Agent's Licenses prepared a list of same marked as annexure-V to the said minutes. It is further seen that the Government accorded its approval of such renewal of Counter Agent's Licenses by its communication dated 07.11.2014 and that the respondents took such decision on its own, without any direction from the Court and/or in absence of any stay order of Court. 31. These facts clearly shows that the respondents decision in the meeting held on said meeting dated 06.05.2014 was temporary and the petitioners failed to show any valid reason by said decision dated 06.05.2014 the State respondents took a final decision either to cancel and/or to terminate and/or not to renew any Agent's Licence by rejecting any such application for renewal of Agent's Licences. 32. 32. The Public Notice dated 27.05.2014 issued by the Director of Transport informing public at large that fresh applications for Booking Counter (Agent's Licence) for issuance of tickets of passenger carrying Bus & Maxi Cabs and Goods Booking Agency Licences for Aizawl City shall be issued, inviting the intending applicants for Agent's Licence to submit their duly filled-up forms before the State Transport Authority at Chaltlang does not violate any right of the petitioners not to speak of any infringement of their fundamental rights by the same. The authorities in the Transport Department have their right to issue such public notice dated 27.05.2014 for new Agent's License, for facilitating smooth running of counters at various locations of the City in a planned manner in the greater interest of public, keeping in mind about the mobility & safety of public in the already congested Aizawl City, where there is hardly any scope for widening the existing public roads. 33. Hon'ble Apex Court in the case of Avishek Goenka v. Union of India, reported in (2012) 5 SCC 321 , has held that one of the reason for enactment of Motor Vehicle Act is 'public safety' as is evident from the object and reasons of the Act and more particularly, the Rules framed thereunder and even it is assumed that a particular provision is capable of any interpretation, then the Court should give it an interpretation which would serve the legislative intent and the object of framing such rules, in preference to one which would frustrate the very purpose of enacting the Rules as well as undermining the public safety and interest. 34. From the reasons aforesaid, the decision taken by the respondents in the Transport Department, challenged in this petition, cannot be said to be discriminatory and or arbitrary. 35. In view of the above, this petition being devoid of any merit stands dismissed. Stay orders passed earlier on 12.06.2014 in the present petition and the order dated 11.12.2014 in the connected C.M. Application No. 225/2014 stands vacated. 36. No order as to costs.