MOHAMMED ZAHEER Vs. R T O BANGALORE

JUDGEMENT

(1.) 1. Petitioner, a registered owner of vehicle KRZ 2199 has filed this petition challenging the order of respondent declining to grant special permit, on the ground that he has not paid the tax arrears to the tune of Rs. 86,270/- in respect of vehicle No. ATT 62. The contention is that tax liability, in respect of one vehicle, cannot be made a ground to refuse the grant of special permit for plying another vehicle.

(2.) The debate firstly necessitates to find out the nature of tax liability and secondly whether the authorities have acted arbitrarily in refusing to grant the permit, so as to warrant interference, under Articles 226 and 227 of the Constitution of India. The special permits are issued under sub-section (6) of Section 63, in relation to a public service vehicle for carrying a passenger or passengers for hire or reward and for the use of the vehicle without stopping to pick up or set down along the line of route passengers. It is a discretionary order which can be interfered with only if it is arbitrary, capricious or mala fide. The Motor Vehicles Act does not mention the circumstances under which this permit should be granted or the grounds on which it can be refused.

(3.) Rule 127 prescribes the procedure for the grant of special permit. It requires the authority to examine the application and satisfy itself that particulars required in Form 53 are furnished. Form 53 while providing columns for mentioning the details of the applicant, it also provides details of the vehicle, places of visitings and purpose and the enclosures to be enclosed namely, the treasury challan and column pertaining to payment of prescribed fee. Neither the Act nor the rules stipulate the grounds on which the special permit can be refused.