LAWS(KAR)-1985-10-2

NARAYANA BHATTA Vs. R T O

Decided On October 08, 1985
NARAYANA BHATTA Appellant
V/S
R.T.O. Respondents

JUDGEMENT

(1.) In this Petition under Articles 226 and 227 of the Constitution, the Petitioner has sought for quashing the endorsement dated 2-9-1985 bearing No. RTO. RGN. NR PR. 146/ 85-86 issued by the respondent in so far it imposes a condition that the vehicle bearing Chasis No. ALEM 175174 (the correct No. stated to be ALEH 175142) with Engine No. ALE 437548 (the correct No. stated to be ALEH 37546) shall be used only under an All India Permit and that in case the vehicle proposed to be used under any kind of permit, the Petitioner should comply with Rule 216 of the Karnataka Motor Vehicles Rules, 1963 (for short, the 'Rules').

(2.) The Petitioner has applied for approval of the design of the vehicle for body-building on the Chasis bearing No, ALEH 175142 before the respondent under Rule 231 of the Rules. The respondent-registering authority, has issued the impugned Endorsement which reads thus :-

(3.) It is contended on behalf of the Petitioner that there is no bar contained in the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act') or the Rules for building a tourist omni bus which can be operated under All India Tourist Permit or under special permits issued under Subsections (7) and (6) respectively, of Section 63 of the Act ; that the design submitted by the Petitioner for constructing the body of the public service vehicle is in conformity with the specifications, prescribed in respect of Tourist Vehicles by the Notification bearing No. HD 24 TMR 76, dated 5-11-76 issued by the State Government in exercise of the power conferred by Clause (29A) of Section 2 of the Act ; that the registering authority is not justified in imposing a condition while approving the design ; that such a condition prevents the petitioner from getting the vehicle registered even for the purpose of obtaining special permit under Section 63(6) of the Act ; that there is not much difference between All India Tourist Permit issued under Sub-section (7) of Section 63 of the Act and a special permit under Sub-section (6) thereof, except the duration of the permit. It is also further contended that there is no power in the registering authority to impose a condition of the nature in question when the design for body-building is submitted for approval; that the registering authority at the most approve the design or return the design with suggestions for any modification if necessary, but it is not open to it to impose any condition.