RAMACHANDRA Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) In this Writ Petition, the petitioner, who is a driver possessing a driving licence bearing No. 92/1987 which is valid from 6-3-1987 to 5-3-1990 authorised to ply an Autorickshaw Cab, has challenged condition Nos.1 to 6 which are specified in the Notification dated 11-11-1987 vide Annexure-A issued by the respondent and also the Resolution of the respondent passed in subject matter No. 462/87-88 vide Annexure-R1, insisting upon certain requirements to be complied with by the petitioner for being granted a contract carriage permit in respect of an Autorickshaw.

(2.) The material facts of the case are these: The petitioner purchased an Autorickshaw Cab bearing Registration No. MED 1836, the model of the vehicle being 1977. A Fitness Certificate was issued by the transport authorities on 3-1-1987 and the same was valid upto 2-1 -1988. It is submitted by the petitioner that taxes have been paid upto 31-12-1987 and that the said vehicle was being operated by the petitioner under an Autorickshaw Cab permit bearing No. 981/77-78 which was valid upto 23-10-1986. According to the petitioner as the permit could not be renewed well in time, he made a fresh application for grant of contract carriage permit and the same was rejected by the Regional Transport Authority, Bangalore, on 8-5-1987. The respondent issued a notification dated 11-11-1987 which was published on the notice board of the Office of the respondent to the effect that the ceiling limit on the number of Autorickshaw Cab Permits has since been removed and that in order to obtain an Autorickshaw Cab Permit, certain specified terms and conditions have to be satisfied.

(3.) The conditions which have caused grievance to the petitioner are to be found in condition Nos. 1 to 6 of the aforesaid Notification dated 11-11-1987 vide Annexure-A which reads as follows :"(