T NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners in these petitions have sought for to quash the notifications dated 7.10.2008 and 29.8.2009 at Annexures 'A' and 'C' issued by the lst Respondent and for such other relief.

(2.) According to the Petitioners, the 1st Respondent has prohibited the registration of auto rickshaws other than four stroke engine vehicles, in the specified areas in the State of Karnataka by a notification dated 7.10.2008. Thereafter, it has passed an order of stay of the said notification by order dated 31.10.2008 in so far as four stroke engine vehicles are concerned. Once again on 29.08.2009, it has withdrawn the order dated 31.10.2008 and prohibited the registration of auto rickshaws other than four stroke engine petrol vehicles in the specified places within the State.

(3.) According to the Petitioners, Chapter-V of Section 67 of the Motor Vehicles Act of 1988 relates only to regulating of permits in question and it does not pertain to registration of vehicles. In the absence of power being delegated to the 1st Respondent and also statutory provisions prohibiting registration of auto rickshaws other than four stroke engines by the Central Government by issuing a specific notification, the said impugned notification issued is wholly illegal and without authority of law so long as the vehicles in question comply with the requirement of the statutory provisions of Rule 47 of the Central Motor Vehicles Rules. 1989.