ZULFIQAR ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) -

(2.) THE petitioner, as existing operator of the route in question, assails the validity of an amendment made in Rule 48 of the Motor Vehicles Rules, 1940. THE relief claimed is that the impugned notification amending Rule 48 be quashed and the Regional Transport Authority, Dehradun be directed not to give effect to the same.

(3.) THE contention of Sri A. D. Saunders, appearing for the petitioner, was that the combined effect of sub-section (3) of Section 57 and clause (b), as it stood prior to its substitution, was that the publication of the applications in the Uttar Pradesh Gazette for the grant of permits under Section 57 was mandatory and inasmuch as the impugned notification amending clause (b) of the Rule 48 provides for doing away with the mandatory requirement and substitutes it by publication in newspapers, the same must be held to be beyond the rule making powers conferred on the State Government under Section 68.