R A JAYARAM Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner has prayed in this writ petition, for a declaration, that sub-rules (5) to (8) of Rule 111 of the Mysore Motor Vehicles Rules, 1963 (hereinafter referred to as the Rules) added by the Mysore Motor Vehicles (2nd Amendment) Rules, 1972 are illegal, void, inoperative and ultra vires the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) and violative of the petitioner's fundamental rights under Art. 19(1) (g) of the Constitution of India.

(2.) The petitioner is operating five contract carriages, the permits for which were granted under S.51 of the Act. Of those, three permits were issued by the Regional Transport Authority, Bangalore valid for the entire State of Mysore. The fourth permit was granted by the State Transport Authority, Mysore and counter-signed by the State Transport Authority, Kerala which is valid for the inter-State route Bangalore to Cannanore. The fifth permit held by the petitioner is an All India permit issued by the State Transport Authority, Mysore.

(3.) The expression "contract carriage" is defined in Sec.2(3) of the Act as follows :