MOHAMMED ILYAS Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) Petitioner is the owner of motor vehicle bearing registration Mark CAM. 7799 It is a heavy passenger vehicle registered within the jurisdiction of the first respondent-Regional Transport Officer and Registering Authority, Bangalore Central, Bangalore.

(2.) Petitioner was issued with a show cause notice under sub-Section 1 (b) of Section 33 of the Motor Vehicles Act, calling upon him to explain why his registration should not be suspended for having used his vehicle as stage carriage when it was only covered with a special permit for carrying a group of passengers on an express or implied contract as evidenced by the Check Report of tha Assistant Engineer, (Motor Vehicles), State Transport Authority, Chepauk, at Madras. Having regard to the previous offences of the same kind committed by the petitioner, the first respondent registering authority suspended the registration for a period of 15 days. On appeal, the findings were confirmed, but the period of suspension was reduced to 10 days by the second respondent-Deputy Commissioner for Transport, Bangalore Division, Bangalore. Aggrieved by the same, this petition under Articles 226 and 227 ot the Constitution is filed in this Court inter alia contending that for an offence committed within the jurisdiction of a registering authority in Temilnadu, the registering authority in Karnataka cannot assume jurisdiction on the report of an Officer of the Motor Vehicles Department of Tamilnadu having regard to the languege of Section 33 (1) of the Act. I do not find that there is force in the contention.

(3.) Section 33(1) reads as follows:-