N R REVANNA Vs. STATE OF MYSORE

JUDGEMENT

(1.) In these petitions under Art.226 of the Constitution, the validity of sub-rules (3) and (7) of Rule 154 of the Mysore Motor Vehicles Rules, 1963, (hereinafter reared to as the Rules), has been assailed.

(2.) The petitioners are operators of stage carriages. They intended to display advertisement signboards on their stage carriages. They feel aggrieved by the requirement to pay (i) licence fee to obtain licences to carry such signboards on their stage carriages, and (ii) fee for renewal of such licences.

(3.) The Government of Mysore made the Rules in exercise of the powers conferred by Secs. 21, 21 (j), 41, 65, 68, 70, 91, 105 and 111(A) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) . Rule 154 purports to have been made under S.68 of the Act. The material portions of that Section, as it stood in the year 1963 when that Rule was made, reads :