LAWS(BOM)-2010-6-49

PRINCE TOURS AND TRAVELS Vs. STATE OF MAHARASHTRA

Decided On June 15, 2010
PRINCE TOURS AND TRAVELS THROUGH ITS PROPRIETORS SHRI DEVENDRA DYANESHWARRAO RAJGURE AND SHRI CHANDRASEKHAR S/O DYANESHWARRAO LAMBATKAR Appellant
V/S
STATE OF MAHARASHTRA THROUGH ITS SECRETARY, HOME DEPARTMENT (TRANSPORT) Respondents

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. Heard finally. by consent of learned Counsel for the rival parties.

(2.) By this writ petition, the petitioners are challenging the circular dated 30-5-2009, issued by the Transport Commissioner, directing that no vehicle shall be registered without permit in the State.

(3.) The petitioners, who are transport operators and have already purchased omnibuses, have approached this Court for setting aside the aforesaid circular on the ground that registration is primary duty of the authorities under the Motor Vehicles Act, 1988, which cannot be made conditional upon holding of permit.