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 S.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.) It is not disputed that this Court has in recent times; repeatedly and consistently, spoken about such restriction not being permissible unless by way of a notification as is indicated in Ext. P3 judgment produced in W. P. (C). No. 3998 of 2014. That is a judgment in W. P. (C). No. 19817 of 2013 dated 25.09.2013, wherein it was held so: