K M THOTAPPAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner.

(2.) PETITIONER has moved an application for alteration of the vehicle i. e. , MYS 910 from 7 + 1 to 5 + 1 as a light motor vehicle and for permission to install diesel engine from the petrol engine. By its order of the date 18-10-1995 the original authority i. e. , the Regional Transport Officer rejected the application for alteration. "feeling aggrieved from that order, the petitioner filed an appeal under Section 57 of the Indian Motor Vehicles Act, appeal No. 19 of 1995-96. The Appellate Authority i. e. , the deputy Commissioner for Transport, Shimoga Division, shimoga, by order dated 21-3-1996 partly allowed the appeal. He allowed the appeal to the extent that the petitioner was permitted to change the engine or to convert the engine from petrol to diesel. But it rejected the application for conversion from omnibus to light motor vehicle and the seating capacity from 7 + 1 to 5 + 1 as no proper reason for making that alteration was shown or indicated. Feeling aggrieved from the order of the Appellate Authority, the petitioner has come up with this petition under Articles 226 and 227 of the Constitution of India.

(3.) IT has been contended on behalf of the petitioner that the Original Authority and the Appellate Authority are bound to grant permission and the petitioner has got a right to convert it under Section 52 of the Motor Vehicles Act, 1988. Sub-sections (1) and (2) of the Motor Vehicles Act, 1988 reads as under.