SWASTIK ROADWAYS CO. Vs. R. T. A.

JUDGEMENT

(1.) THIS is a petition under Article 226/227 of the Constitution of India for a direction to the respondents to issue authorization for the existing vehicle of the petitioner till validity of the National Permit, Annexure P -3. Learned Counsel for the petitioner contends that the petitioner was granted National Permit with respect of vehicle No. MBW 1992 which was registered for the first time on 23.1.86. The last authorization was valid up to 22.1.1998, vide Annexure P -4. He contends that in accordance with rule 88 of the Motor Vehicles Rules, 1989, no national permit shall be granted in respect of a goods carriage, other than multiaxle vehicle, which is more than 12 years old at any point of time. Clause (2) relates to multiaxle goods carriage and the period provided is 15 years. Learned Counsel for the petitioner points out that the petitioner's vehicle is multiaxle goods carriage in as much as it has two axles, Annexure P -1. A perusal of Annexure P -1 show that the front axle of the vehicle is of 6, 000 kgs. and rear axle is of 10, 200 kgs. He therefore, contends that a direction be issued to respondent no. 2. The learned Counsel also points out that similar order was passed in W.P. No. 1661/1991 by a Division Bench of this Court. Of course, it was an interim order. Learned Counsel for the State, who appears on advance notice, after perusing rule 88 contends that the rule does provide that national permit shall be granted for a multiaxle goods carriage which is not more than 15 years old at any point of time.