LAWS(BOM)-2010-9-106

DURGASHANKAR GHANSHYAM AGRAWAL Vs. STATE OF MAHARASHTRA

Decided On September 21, 2010
DURGASHANKAR GHANSHYAM AGRAWAL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By the present petitions, the petitioners have put to challenge Resolution No. 45 of 2009 dated 1.12.2009 (Annexure9) being illegal and without jurisdiction.

(2.) In support of the writ petition, Mr.Khapre learned counsel for the petitioner in both these writ petitions, argued that the decision taken by the Commissioner for Transport and the State Transport Authority to adopt the method of lottery system in the matter of grant of permit for inter state stage carriage permit by the aforesaid resolution is illegal, arbitrary and contrary to the provisions of The Motor Vehicles Act. The counsel relied on the following decisions (

(3.) Mrs. Dangre, learned Additional Govt. Pleader, argued that the said system of granting permits by lottery system was adopted by the resolutions since large number of applicants had applied for such permits and it became impossible for the authorities to allow every applicant permits for inter state stage transport. No fault therefore could be found out with the said system. She prayed for dismissal of the petition.