RAMLAL MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner in this writ petition filed under Article 226/227 of the constitution of India calls in question the inaction of the respondent in renewing the temporary permit for transportation of passengers, which is because, of the order dated 10-2-2006 by Transport Commissioner that the Maxi-Cabs having soft tops will not be granted such permit.

(2.) THE petitioner, owner of passenger vehicles-Maxi Cabs, operates on the basis of temporary permits issued by the concerned authorities under Section 87 (1) of the motor Vehicles Act, 1988 read with Rules 73 (1) (d) of the Madhya: Pradesh Motors Vehicle Rules, 1994. On 10-2-2006, the Transport Commissioner, respondent No. 2 issued an order prohibiting the grant/renewal of temporary permits to all 'such Maxi-Cabs having soft top. This order was purportedly in exercise of the powers under Rule 170 of the Rules of 1994 and with an object to provide security to the passengers travelling in such vehicles and in consonance to the resolution No. 88/94 dated 28-12-1994, which laid down conditions for grant of permits to Jeep Taxi Model.

(3.) CHALLENGING the order dated 10-2-2006, it is contended by the learned counsel for the petitioner that the same is in contravention to the stipulations contained in resolution 88/94 dated 28-1-1994, wherein, a diesel driven cab with a body made of steel/fiber Glass or Canvas was conditioned to be fit for grant of permit. It is contended that the soft top is a company fitted body, and therefore, the prohibitions for grant/renewal of licence is arbitrary and violates the right guaranteed under Article 19 (1) (g) of the constitution of India.