SUBHASH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) An order draped in relative brevity is sufficient since we are refusing leave to appeal although the issue raised is the vires of a provision.

(2.) After due fulfilment of the obligation for oral hearing, we have considered the impact of two earlier decisions cited by Shri Kacker supposedly striking a note contrary to the judgment under attack but feel free - why, bound - to dismiss the petition for special leave not merely because the High Court is right but because justice to the travelling public - a lost cause on our mad roads - conscientises us to that course.

(3.) Tersely put, the petitioner is the grantee of permits of ply mini-buses as contract carriages and in the grant a condition has been fastened that the vehicle shall not be more than seven years old. Condition No. 18, relating to Mini Buses Contract Carriage Permits, and the source of power, S. 51 (2) (x) read thus: That the vehicle covered by the permit shall be not more than four years old counted from the date of registration at any time during the validity of the permit. 51 (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:-