D P SHARMA Vs. STATE OF MYSORE

JUDGEMENT

(1.) Because a common question of law arises for consideration in these cases, they are disposed of by this common order.

(2.) The petitioners in these cases are holders of permits issued under sub-sec(7) of S.63 of the Motor Vehicles Act (hereinafter called the 'Act') to ply tourist vehicles throughout India. The permits are issued by making endorsements on the contract carriage permits which the petitioners already held in respect of the vehicles. The said endorsements purport tor have been made under Rule 123 (A) of the Karnataka Motor Vehicle Rules. One of the conditions imposed by the State Transport Authority which made the endorsements under sub-sec(7) of S.63 of the Act is thai the petitioners should not enter into any fresh contract of hiring other than the extension or modification of a subsisting contract outside the State of Karnataka. Aggrieved by the imposition of the above condition the petitioners have filed these petitions.

(3.) It is stated that Rule 123 (A) of the Karnataka Motor Vehicals Rules, which, to some extent, deals with some of the matters covered by sub-secs(7) to (10) of S.63 of the Act, is inapplicable to the tourist vehicles in respect of which permits are issued under sub-sec(7) of S.63 of the Act. On this question the, Counsel for both the; parties are agreed in view of the faqt that Rule 123 (A) was promulgated long before sub-secs (7) to (10) of Sec.63 were enacted. I shall, therefore, without deciding proceed an the basis that the said Rule is inapplicable to permits issued under sub-sec(7) of S.63. The question which, therefore;, survives for consideration is whether the condition imposed by the STA while endorsing or issuing the permit under sub-sec(7) of S.63 of the Act prohibiting the, petitioners from entering into any contract of hiring other than the, extension or modification of a subsisting contract outside the State off Karnataka, is valid or not.