VAGHARI KARSAN BIJAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application is for quashing the rules made under Sec. 33(1)(aa) of the Bombay Police Act declaring the same as arbitrary and violative of Art. 19 and discriminatory in character. The petitioner is aggrieved in respect of the rates fixed for carrying the doli in Palitana mountain. This fixing of the rate according to the petitioner is an unreasonable restriction on the occupation carried on by the petitioner and the rules made regulating this doli service is arbitrary and it has been made without and guidance or restriction reasonable for the purpose of making the petitioner and the people akin to him to carry on the business. The first contention of the learned Counsel appearing for the petitioner is that the State Legislature has no competence to enact such rules. Sec. 33 of the Bombay Police Act reads as follows:

(2.) It is next contended that such rules framed have not been approved by the State Government. For this purpose the learned Counsel reads. Section 33(2) which reads:

(3.) The learned Counsel next contended that the rules framed are not in conformity with Sec. 33(6) of the Bombay Police Act 1951 Section 33(6) of the Bombay Police Act reads as follows: