LAWS(DLH)-1968-5-21

DELHI ADMINISTRATION Vs. STATE OF HARYANA

Decided On May 02, 1968
DELHI ADMINISTRATION,THROUGH SECRETARY,TRANSPORT,DELHI Appellant
V/S
STATE OF HARYANA THROUGH SECY.TO GOVT.TRANSPORT DEPT.CHANDIGARH Respondents

JUDGEMENT

(1.) This is an application by the Delhi Administration purporting to be under Article 133 (1) (b) and (c) of the Constitution, but praying in the end that the case being of public importance, be certified to be a fit one for appeal to the Supreme Court under Article 133 (1) (c). The judgment sought to be appealed from was delivered by a bench of this Court on 20-10-1967 allowing C. W. 1376 of 1967 presented by the State of Haryana and quashing the order of the Inter-State transport Commission and of the Inter-State Transport Appellate. Tribunal

(2.) The short question raised in these proceedings, broadly speaking, relates to the construction of section 48 (3) (xiv) of the Motor Vehicles Act and it arises in this way. Public service buses running from the Union Territory of Delhi to the Union territory of Chandigarh have to pass through Karnal (in Haryana). Through tickets are issued to the passengers travelling by such vehicles from Delhi right up to Chandigarh. The Inter-State Transport Commission gave its advice on 27-8-1966 under section 63-A (2) (b) of the Motor Vehicles Act in the following terms:

(3.) The Division Bench has in the order sought to be appealed from. held that issuing of through tickets cannot be prohibited under the Motor Vehicles Act,