JIWAN BUS SERVICE RAIPUR THROUGH: MANAGER TULESHWAR VAISHNAV, S/O SHRI JAGMOHAN VAISHNAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By means of this writ petition, the Petitioner has challenged the constitutional validity of sub-rule (3) and (5) of Rule 158 of the Chhattisgarh Motor Vehicles Rules, 1994 (for short 'the Rules, 1994'). Sub-rule (3) and (5) were introduced vide amendment dated 31.12.2013. Rule 158 of the Rules, 1994 deals with the seating room to be provided in a bus, and reads as follows:-

(2.) The challenge is to sub-rule (3) and (5). Sub-Rule (3) provides that subject to specification of berths some berths may be provided in a bus. The last portion of this sub-rule makes it clear that this sub-rule shall not be applicable to a vehicle having less than 205 inches wheel-base. As such berths/sleepers cannot be provided in a bus having wheel base of less than 205 inches. The Rule making Authority has decided that sleepers will not be permitted in a bus having a wheel base of less than 205 inches. Sub-rule (5) carves out an exception in respect of those buses which had been registered before coming into force of the Rule i.e. 31.12.2013. The transporter has been given a time of 24 months from the date of coming into force of the amended Rule to make suitable modifications to his bus. It is further provided that if within 24 months, the transporter does not comply with the Rule, then the registration of the vehicle shall stand suspended.

(3.) At this stage, learned counsel for the Petitioner wants to withdraw this petition, but we have heard the matter for more than 25 minutes and cannot permit him to do so and proceed to decide the petition on merits.