SUBASH GULATI Vs. LT GOVERNOR

JUDGEMENT

(1.) The petitioners are goods carriers and hold the national permit under the Motor Vehicles Act, 1988. In this writ petition they have sought a declaration that Rule 88 of Central Motor Vehicles Rules, 1988 is violative of Articles 14 and 19 of the Constitution as they are arbitrary and unreasonable. A similar writ petition, viz., V.K. Nagpal v. Union of India is already dismissed by this Court in limini by a speaking order.

(2.) However, the petitioners in the present case referred to CWP 1020/90 in which the notice was issued by this Court and was pending, in the writ petition he has also referred to the similar writ petitions pending in Allahabad and Punjab and Haryana High Courts. Since number of such writ petitions were filed in this Court it was decided to list these petitions for final disposal. It may be noted that since the passing of the earlier order both the Allahabad High Court and the Punjab and Haryana High Court have dismissed similar petitions holding that the said Rule 88 is intra vires and not being hit by Articles 14 & 19 of the Constitution.

(3.) The said Rule 88 of the Central Motor Vehicles Rules, 1989 reads:-