STATE OF ANDHRA PRADESH Vs. B NOORULLA KHAN

JUDGEMENT

(1.) State of Andhra Pradesh and others have filed these appeals challenging the impugned judgment passed by a Division Bench of Andhra Pradesh High Court wherein it has struck down Rules 297-A(1)(c) and 297-A(6)(f) of the Andhra Pradesh Motor Vehicles Rules, 1989 (for short the State Rules) being ultra vires the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) and Art. 19(1)(g) of the Constitution of India. The Division Bench has also held that the rules framed by the State Government under Ss. 95 and 96 of the Act and the further conditions prescribed in S. 74 of the Act are not applicable to all-India tourist permit vehicles.

(2.) Original writ petitioners, respondents herein, are either the holders of contract carriage permits granted under S. 74 of the Act or holders of all-India tourist permits granted under S. 88 of the Act. The checking officials seized and detained the vehicles being of the opinion that the vehicles were being used as State Carriages. This action of the authorities was challenged by the respondents by filing a set of writ petitions which were disposed of by a Division Bench on 12th September, 1995. Vires of the Rules were not challenged in these writ petitions. The writ petitions were dismissed and it was held that the authorities had the power to detain vehicles during transit as and when any violation of the rules was found at the time of checking. The vehicles were again seized and detained and thereafter the respondents filed the present set of writ petitions challenging the constitutional validity of Rules 185(e)(v), 297-A(1)(c), 297-A(2)(b) read with 297-A(6)(b)(i) and 297-A(6)(f) of the State Rules being ultra vires the provisions of the Constitution of India and the Act. By the impugned judgment, the High Court has upheld the validity of Rules 185(c)(v), 297-A(2)(b) and 297-A(6)(b)(i). The respondents have not carried appeals to challenge the part of the judgment by which the High Court has upheld the constitutional validity of the Rules, referred to above.

(3.) Section 2(4) of the Act defines the Stage Carriage. Section 2(7) defines the Contract Carriage. Chapter V deals with the control of the transport vehicles. Section 72 vests the Regional Transport Authority with the power to grant Stage Carriage permit (or refuse it) subject to the Rules framed and attach any one or more of the conditions mentioned under S. 72(2) of the Act. Section 74 enables the concerned authority to grant contract carriage permit. Section 84 envisages the general conditions attaching to all permits. Section 86 vests the authority with the power to cancel or suspend the permits. Section 88 provides for validation of permits used outside the region in which it is granted. Section 88(9) enables the State Transport Authority to grant all-India tourist permits subject to the Rules framed by the Central Government under Cl. (14) of S. 88 for the whole of India or in such contiguous State, not less than 3 in number, including the State in which the permit is issued, as per choice indicated in the application. The provisions of Ss. 73, 74, 80 to 86 and Cl. (d) of sub-section (1) of S. 87 and S. 89 shall as far as may be apply in relation to such permits. Section 88(11) lays down the condition of every permit granted under sub-section (9) of S. 88. Sec-tion 88(11)(iii) empowers the Central Government to prescribe other conditions of permit. Sub-section (14)(a) of S. 88 empowers the Central Government to make rules to carry out the provisions of S. 88. Section 95 of the Act empowers the State Government to make rules as to Stage Carriages and Contract Carriages and the conduct of passengers in such vehicles. Sec- tion 96 empowers the State Government to make rules for the purpose of Chapter V to carry into effect the provisions of the said Chapter.