M SHOBHAN KUMAR Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Heard the learned counsel, who have appeared for petitioners in each of these Writ Petitions and also the learned Government Pleader for the Transport appearing on behalf of the respondents.

(2.) Since common question is involved, allthese matters are taken up together for disposal.

(3.) The facts, in brief, are that thepetitioners herein are the owners of the respective three wheeler auto rickshaws, some of which having been obtained under hypothecation. Thereafter, the said vehicles were registered. However, at the time of registration, a specific condition has been imposed in the very permit granted by the respondents, in column no.6, meant for route/area for which the permit is valid, as "To ply outside the limits of Municipal area, Warangal, Hanumakonda and Khazipet and within a radius of 60 KMs from the residence of owner excluding prohibited roads". It is this condition which is sought to be challenged in all these Writ Petitions, inter alia, on the ground that the respondents have no power or authority or jurisdiction for imposing such restriction under the Motor Vehicles Act, 1988 and the Rules made thereunder, and further it also violates the fundamental rights guaranteed under Articles 14, 19(1)(g) and 21 of the Constitution of India. It was further pleaded on behalf of the petitioners that except running the auto rickshaws and making livelihood, the petitioners have no other source. Having purchased the said vehicles with financial assistance, they cannot possibly be restricted in their area of operation, more so, when the petitioners themselves are residents of the locality situated in Warangal, Hunumakonda and Khazipet. It is further contended that in respect of the permits granted earlier for such contract carriages, there was no restriction and all those auto rickshaws are plying, and whereas for no fault of the petitioners such condition is imposed without any basis or support legally. Hence, these Writ Petitions.