NAUSHAD ALI Vs. REGIONAL TRANSPORT OFFICER HAVERI

JUDGEMENT

(1.) THESE two writ appeals are filed to set aside the order of the learned single Judge dated 3-2-1998. Since common questions of law arise for consideration in both appeals and hence they are disposed of by a common judgement.

(2.) THE facts in Writ Petition No. 3258 of 1998 i. e. , Writ Appeal No. 894 of 1998 is as follows. The appellant the owner of the transport vehicle bearing registration no. NL 05/a 3978. The gross vehicle weight is 31,360 kgs as per the registration certificate. The Secretary, STAM, Bangalore Central has granted National permit dated 6-3-1997 in respect of the above said vehicle. On 11-9-1997 the Inspector of Motor Vehicles, Office of the regional Transport Officer, Haveri, checked the aforesaid vehicle. At the time of checking, the gross weight of vehicle was 28,810 kgs. The 2nd respondent initiated action against appellant for the offence of overloading the vehicle to the extent of 3,810 kgs. as the maximum laden weight fixed for the vehicle is only 25,000 kgs. The facts of the other case are also similar in nature and so it need not be reiterated.

(3.) ASSAILING the said action the appellant filed writ petition. After hearing both sides the Single Judge dismissed the writ petition holding that Central Government issued Circular under Section 58 of the Motor vehicles Act, 1988 (hereinafter called the 'act') and the weight carried by the appellant at the time of checking exceeded the weight fixed in the notification. Therefore as there was no merits in the writ petitions they were dismissed. Against that present appeal was filed.