V K SHLVANANDA Vs. REGIONAL TRANSPORT OFFICER DAVANAGERE

JUDGEMENT

(1.) BY this petition, the petitioner, who is an operator of a maxi-cab bearing registration No. KA. 17/8247 having seating capacity of 9+1 under a permit, has prayed to quash respondent's order No. RTO/dvg/ka. 17-8247/2000-2001, dated 8-5-2000 per Annexure-A, purporting to be the endorsement issued to petitioner rejecting his request for alteration of his said vehicle from maxi-cab to motor-cab with a seating capacity of 5+1.

(2.) HEARD the arguments of the learned Counsels on both sides.

(3.) THE impugned order has been passed by respondent relying on a single Bench decision of this Court in L. Venu v Assistant Regional transport Officer, Bangalore, where it was held that under the relevant provisions of Section 52 of the Karnataka Motor Vehicles Act, 1988 ('the act for short) read with Rules 49 and 151 of the Karnataka Motor vehicles Rules, 1989 ('the Rules' for short), such a structural change of a transport vehicle or any vehicle for that purpose was not permissible. The decision in the case of Venu, supra, was rendered on 22nd October, 1993. Subsequently, there has been a significant change effected by inserting explanation to Section 52 of the Act by amendment Act No. 54 of 1994 with effect from 14-11-1994 by which the structural change of a vehicle as has been sought by the petitioner is made permissible. Section 52 of the Act deals with alteration in the motor vehicles. The material provisions thereof are excerpted below: