STATE OF KARNATAKA Vs. CHALUKYA MOTORS PVT LTD

JUDGEMENT

(1.) These appeals by the State are directed against the order dated December 12, 2014 passed by a learned single Judge of this Court in W.P. Nos.106507-106509/2014. By the impugned order, the learned single Judge has held that the Regional Transport Authority's decision dated 13.09.2013 prohibiting grant of contract carriage permits in Gadag district to all newly registered three wheelers having a rear overhang exceeding 450 mm is illegal as the power to impose such a prohibition cannot be traced to any provision of law.

(2.) We asked the Additional Government Advocate appearing for the appellants to trace the power of Regional Transport Authority to impose the aforesaid prohibition to any provision of law. The AGA referred to clause (xiii) of sub-section (2) of Section 74 of the Motor Vehicles Act, 1988 ('the Act').

(3.) We extract herein below the provision referred to by the AGA and also the definition of 'prescribed' given in Section 2(32) of the Act: