RAJKUMAR GUPTA Vs. STATE OF C G

JUDGEMENT

(1.) THESE petitions are being disposed of by this common order as in all these petitions common questions of facts and law are involved. The petitioners by way of above petitions are challenging the notification dated 21st October, 2005, whereby respondent No. 1 in exercise of powers conferred by sub-section (1) read with sub-section (2) of Section 14 of the Chhattisgarh Motoryan Karadhan Adhiniyam, 1991 (in short "the Act, 1991") has amended sub-rule (2) of Rule 11 and sub-rule (2) of Rule 12 of the Chhattisgarh Motoryan Karadhan Rules, 1991 (in short "the Rules, 1991"), and substituted the word "Rupees Five Hundred" in place of word "Rupees Ten".

(2.) THE petitioners have challenged the above amendment on the ground that: (i) there is no power vested with the State Govt, under sub-section (1) read with sub-section (2) of Section 14 of the Act, 1991 to amend the Rules, 1991; and (ii) that enhancement to Rs.500/- from Rs. 10/- is arbitrary and ultra vires to Article 14 & 19(l)(g) of the Constitution of India, as it has been made without providing any additional services to the motor vehicle owners-the petitioners and the same has been imposed without due process of law and without affording any opportunity of hearing to the petitioners.

(3.) THE respondents, in their return dated 6.8.2006, have adopted the return of Annexure R/1 filed in WP No.6389/05. With respect to the first ground that the State has no power to amend the Rules, 1991 under sub-section (1) read with sub-section (2) of Section 14 of the Act, 1991, it has been stated that in Hindi version of the notification published in Govt. Gazette, dated 4th November, 2005, reference to sub-section 14(1) and (2) has been inadvertently made, whereas English version simultaneously published alongwith Hindi version, correctly mentions that the rules have been amended in exercise of powers under Section 24 of the Act, 1991. The inadvertent error in the Hindi version has been since corrected vide notification dated 8th June, 2006 (Annexure R/1).