MOHAMMED ILLY Vs. UNION OF INDIA

JUDGEMENT

(1.) in all these petitions under Articles 226 and 227 of the constitution, the petitioners-operators of the tourist vehicles or stage carriages have sought for a declaration that the Provisions of Section 200 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the act') and Rule 259(2) of the Karnataka Motor Vehicles Rules, 1989 (hereinafter referred to as 'the rules') are violative of Articles 14 and 19(l)(g) of the Constitution and to strike down the same. The petitioners-the operators of the tourist vehicles have also sought for a declaration that the operation of the tourist vehicles under valid tourist permits for country-wide operation between one terminus in home state and another terminus in another state are not liable to be seized and detained on the basis of entry 16 of the notification bearing No. Ftd 18 tmr 85, dated 13-11-1986 on the sole ground that the said tourist vehicles are operated as non-stop stage carriages between any two points and carry individual passengers. They have also sought for quashing the entry Nos. 16 and 64 contained in the notification bearing No. Ftd 18 tmr 85, dated 13-11-1986 issued by the state government the operators of the tourist vehcles have also sought for an appropriate direction to the respondents-2 to 4 and their subordinates to refund the compounded fee collected from the petitioners-operators. There are other prayers made in individual writ petitions which relate to quashing of the checking report-cum-receipt issued in individual cases.

(2.) originally some of the petitions were filed under the Motor Vehicles Act, 1939 challenging the Provisions contained in Section 127-b of the Motor Vehicles Act, 1939 and the notification issued thereunder bearing No. Ftd 18 tmr 85, dated 13-11-1986.

(3.) the statement of objections was also filed by the respondents on the basis of the Provisions contained in the Motor Vehicles Act, 1939, which will hereinafter referred to as 1939 act. However, during the course of the hearing, in the light of the coming into force of the act (Motor Vehicles Act, 1988) with effect from 1st july, 1989, some of the petitioners made written applications to seek appropriate amendments having regard to the repealing of the 1939 act and re-enacting of the similar Provisions in the act i.e., Motor Vehicles Act, 1988. As far as the notification dated 13-11-1986 is concerned, the same has been saved having regard to the Provisions contained in Section 217(2)(a) of the act.