MOHAMMED WASIM BEG Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In this group of writ petitions, the petitioners, who are holders of contract carriage permits in respect of Mini Buses, have challenged the validity of the condition in the permits directing replacement of vehicle of a particular model and also the validity of the order dated Mar. 15, 1978 issued by the State Transport Authority and the notification dated July 7, 1978 published in U. P. Gazette dated July 15, 1978 notifying that no further replacement would be granted in respect of Mini Bus permits.

(2.) The petitioners were granted con-tract carriage permits in respect of mini buses in the year 1972-73. Condition No, 18 of the permit was that the vehicle covered by the permit shall not be more than four years old counted from the date of registration at any time during the validity of the permit. In 1975, this period of four years was increased to six years and since after September 20, 1978, it has been increased to seven years. The Transport Authorities have been permitting replacement of vehicles to those persons who wanted to replace their vehicles by better and high model vehicles.

(3.) On March 15, 1978, the State Transport Authority passed a resolution that in view of a large number of cases of over-loading and unauthorised plying of mini buses, it would not be in public interest to grant replacement in respect of existing mini buses operating under the contract carriage permits in the State. In pursuance of that resolution, a notification dated July 7, 1978 was issued and published in the U. P. Gazette July 15, 1978 under the purported exercise of power under Rule 63(b) (i) of the U. P. Motor Vehicles Rules, 1940. By means of this notification a decision to reduce the number of mini buses plying on contract carriage permits was notified. It was also stated thereunder that this notice would be operative after the expiry of 30 days of the date of publication and that no replacement would be allowed in respect of mini buses plying under contract carriage permits.