ABDUL JABBAR KHAN Vs. REGIONAL TRANSPORT OFFICER MYSORE

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the endorsement dated 15 12-1986 vide Annexure-E issued by the respondent rejecting his application for alteration of the seating capacity in respect of his motor vehicle bearing Registration No. CAO 6106.

(2.) The petitioner is the owner of vehicle bearing Registration No. CAO 6106 which has been registered as a tourist taxi cab with a seating capacity of 6+1. For certain reasons, the petitioner wanted to have the alteration of the seating capacity by reducing it from 6 + 1 to 5 + 1. The permission of the competent authority as provided under Section 32 of the. Motor Vehicles Act, 1939 (hereinafter called the Act ) is necessary to carry out such an alteration. Accordingly, the petitioner submitted an application on 16- 9-1986. On the very same day, the respondent issued an endorsement to the effect that the petitioner should not carry out any alteration as desired by him until permission is granted by the respondent. Beyond that nothing else is manifest in the endorsement dated 16-9-1986 vide Annexure-B.

(3.) It was later on 15-12-1986 the respondent communicated to the petitioner by written order that the permission is refused for the reasons set out in the said Annexure-E.