D P SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The petitioners are transport operators having their principle place of business at Bangalore in the State of Karnataka. The petitioners are operating tourist vehicles and for that purpose they have obtained tourist permits from the State Transport authority from Karnataka under section 88 of the Motor Vehicles Act. The State Transport Authority , Karnataka, has issued authorization in favour of the petitioners to operate in the State of Maharashtra. The petitioners claim that according to the conditions attached to the permit the petitioners have a right to carry goods in addition to the luggage of the passengers and thus plying of the vehicles in tuen with the conditions of permit cannot be interfered with by the respondent authorities. The grievance of the petitioners is that since December 1995 the respondent authorities from Maharashtra have started intercepting the buses, issuing check reports recording the reasons that the tourist vehicles are found carrying goods / luggage on top / roof of the vehicles and due to the height and uneven weight of the luggage there is a possibility of the vehicle loosing the balance and hence the carriage of the goods on the roof of the vehicle is impermissible. It is then contended that prior to December 1995 though the petitioners vehicles were carrying goods on the roof / top of the vehicles they were never checked and found to be plying the vehicles in violation of the provisions of the Act or the Rules.

(3.) It is categorically averred in the petition that the authorities working under the respondent nos. 3 and 4 are obstructing the smooth operation and an amount of Rs.1500/ has been collected by compelling the petitioners to compound the offences. On the aforestated averments two fold prayers are made: