SAJ TOURS AND TRAVELS Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner is having a motor cab for which a tourist taxi permit was originally granted. THE permit was valid only up to 28. 2. 1997. THE vehicle was purchased under a hire purchase agreement entered into by the petitioner and the additional second respondent. THE petitioner wanted to renew the above permit after the expiry of the same on 28. 2. 1997. But the first respondent informed the petitioner that the renewal application would be considered only after clearing the objection and on production of No Objection certificate from the Financier, the second respondent. THEre is a suit pending between the petitioner and the second respondent regarding the dispute over payments. THEreafter what the petitioner did was to surrender the tourist taxi permit. THE petitioner then wanted to issue a 'no Due Certificate'. For that purpose, the petitioner filed Ext. P1 application before the first respondent. As per Ext. P2, the petitioner was called upon to produce No Objection certificate from the Financiers in respect of the Zonal Tourist Taxi in order to consider the application for surrender of tourist taxi permit. According to the petitioner, the first respondent has no authority to insist on production of a No Objection Certificate from the Financiers.

(2.) THE second respondent has filed a counter affidavit stating that he is the owner of the vehicle and the petitioner is only a hirer and therefore, he has got complete control over the vehicle and the No objection Certificate is necessary for changing the class of the vehicle. THE petitioner contended that by surrendering the tourist taxi vehicle, the car becomes a vehicle used exclusively for the personal use of the petitioner. THEre is no need to issue any fresh permit in such a case. He need only pay the tax for a car. Thus, according to the petitioner, no change of class of vehicle is involved in such a process. But the learned counsel for the second respondent as well as the first respondent maintained that such a procedure involves a change of class of the vehicle. When the tourist taxi changes its character of taking passengers for hire and is exclusively used by the owner for his own use, there must be a change of class of the vehicle. THE second respondent also brings to my notice the mandatory provisions contained in S. 51 (6) of the Motor Vehicles Act. According to the above provision the registered owner shall, before, applying to the appropriate authority, for the renewal of a permit under S. 81 or for the issue of duplicate certificate of registration under sub-s. (14) of S. 41, or for the assignment of a new registration mark under S. 47, or removal of the vehicle to another State, or at the time of conversation of the vehicle from one class to another, or for issue of no objection certificate under S. 48, or for change of residence or place of business under S. 49, or for the alteration of the vehicle under S. 52, make an application to the person with whom the registered owner has entered into the said agreement (Financier) for the issue of a No objection Certificate. Only after receipt of the above No Objection Certificate from the Financier, the authority can act on the request made by the registered owner for any of the changes mentioned in S. 51 (6 ).