RAMKRISHNA BUS TRANSPORT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these petitions, the petitioners have challenged the action of the respondent authorities of detaining and seizing Motor vehicles under Sec. 129A of the Motor Vehicles Act, 1939 (hereinafter referred to as "the Old Act") and under Sec. 207 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the New Act") inspite of their having All India Permits as contract carriages simply on the ground that the vehicles were not used as contract carriages. Common questions of fact and law have been raised in all petitions and it is, therefore, appropriate to decide them by a common judgment. For appreciating the controversy in question, few relevant facts of the petition first in point of time, i.e., Special Civil Application No. 2866 of 1989 may now be stated.

(2.) That petition is filed by Ramkrishna Bus Transport and others for appropriate writ, direction and/or order under Art. 226 of the Constitution of India directing the respondents, their servants and agents including the authorised officers both of the Motor Vehicles Department and the Police Department not to seize and detain the petitioners' vehicles under Sec. 129A of the Motor Vehicles Act, 1939, if the vehicles are actually covered under All India Tourist Permit granted under Sec. 63(7) of the Old Act on the ground that the passengers had paid individual fare. Consequential prayers have also been made. Interim relief is also prayed restraining the respondent authorities from seizing and detaining the vehicles.

(3.) It is the case of the petitioners that all the petitioners are citizens of India. They are registered owners of luxury omni buses having capacity of 35 passengers. They have obtained All India Tourist Permit in accordance with law. They were plying their vehicles numbers of which have been mentioned in para 2 of the petition. It is asserted that the petitioners do not ply vehicles as "stage carriages" but the vehicles are given on hire as par terms and conditions attached to the permit and as a whole to a single party of passengers having a specific designation, without stopping for picking up or setting down passengers at places en route. In case of tour organisers, the contract is a single contract between petitioners and tour organisers. Tour organisers make a consolidated payment to the petitioners for hiring the vehicle as a whole on time or distance basis for which a single receipt is furnished to them. Such vehicle is only for travel from one point to another on the route mentioned in the contract and in the permit, without picking up or setting down passengers en route. In the course of travel all along, no individual passengers were picked up or set down. In case of contract with a party, naturally, individual passengers pay individual fare to tour leader and such leader on behalf of the group will pay the entire amount to the petitioners. In case of tour organiser also, individual passengers pay individually to the tour organiser, who in turn will pay that amount and furnish details of the list of passengers to the petitioners. According to the petitioners, there is no provision either in the Act or in the Rules which prohibits payment by passengers to the leader of the party or to the tour organiser. A list of passengers is to be carried with the vehicle. There are sufficient means and particulars to verify the correctness or otherwise of the information by the authorities. The action is strictly in accordance with the provisions of the Act as also in conformity with the Bombay Motor Vehicles Rules, 1959.