T. RAJESH Vs. SECRETARY, REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE grievance ventilated by the various petitioners herein are with respect to the refusal to grant contract carriage permit under the Motor Vehicles Act, 1988 (for brevity "the Act") and the denial of consideration of requests made for change of parking place with respect to permits already issued.

(2.) THE above batch of writ petitions were posted together, since the issue of refusal to grant contract carriage permits to autorickshaws were many a time raised before this Court. This Court had, on many occasions, found that unless the Government restricts the number of permits to be issued, within an area by way of a notification, under Section 74(3)(a) of the Act, it is not permissible for the Regional Transport Officer or the Regional Transport Authority to impose restrictions by themselves. The Government sought to draw a distinction, in so far as, such judgments curtailed the discretion granted to the authority constituted under the enactment.

(3.) THE learned counsel appearing for the various petitioners would urge that the matter is no longer res integra and in the teeth of such binding precedent, seek that the writ petitions be allowed, issuing appropriate directions to the authority under the Act to make and issue the grant and also permit change of parking places as requested.