TNT INDIA PRIVATE LIMITED Vs. DEPUTY COMMISSIONER AND CHAIRMAN REGIONAL TRANSPORT AUTHORITY BANGALORE URBAN DISTRICT

JUDGEMENT

(1.) The petitioner is a private limited company, engaged in the business of Courier, transporting goods, articles and documents by air. The petitioner is aggrieved by the order passed by the Regional Transport Authority, Bangalore Urban District, (hereinafter referred to as the RTA ) produced as Annexure-E along with the writ petition. In the impugned order, the RTA has imposed penalty of Rs. 5,000/- on the petitioner company for not having registered as a common carrier , as required under Sections 3 (1) & (2) of Carriage by Road Act, 2007 (hereinafter referred to as the Road Act for short) The RTA has further held that the petitioner company is bound to register itself as common carrier , as required under Sections 3(1) & (2) of the Act.

(2.) On earlier occasion, the petitioner company was before this Court by filing writ petition No.24286/2012 questioning similar endorsement dated 08.05.2012 issued by the RTA. Since no opportunity of hearing was granted to the petitioner before the order dated 08.05.2012 was passed by the RTA, the endorsement dated 08.05.2012 was quashed and the petitioner was directed to appear before the RTA on 20.09.201 Further the RTA was directed to afford an opportunity of hearing to the petitioner company and thereafter pass orders in accordance with law. The legal Advisor of the petitioner-company appeared before the RTA and there after the impugned order was passed.

(3.) Sri K.S. Ravishankar, learned counsel appearing for the petitioner would submit that the impugned order has not taken into consideration, the submission made by the petitioner-company, that the petitioner is not a common carrier as defined under Section 2 (a) of the Act and therefore the impugned order deserves to be set aside. The learned counsel points out to Section 2(a) of the Act which reads as follows: