MITTRA NAND KAUSHIK Vs. STATE OF U P

JUDGEMENT

(1.) In this bunch of writ petitions filed under Article 226 of the Constitution, common question as to the validity of the notification dated 10th Jan. 1931, issued under Section 43-A of U. P. Motor Vehicles Act, as amended by the U. P. Legislature, has been raised. The aforesaid Notification reads as under :-

(2.) Chapter IV of the Motor Vehicles Act deals with "Control of Transport Vehicles." Section 47 of the aforesaid Chapter deals with the procedure of a Regional Transport Authority in considering applications for stage carriage permits. This section, as it stood before the promulgation of U. P. Ordinance 9 of 1972 ran as under :-

(3.) Section 43-A was inserted by U. P. Ordinance No. 9 of 1972, which was replaced by the Motor Vehicles (Uttar Pradesh Amendment) Act, 1972 (U. P. Act 25 of 1972). The Statement of Objects and Reasons while introducing the Bill, which took the shape of U. P. Act 25 of 1972, ran as follows :-