D N JOSHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner is a stage carriage operator on five different routes, indicated in the petition, parts of which are pucca roads and the rest are kutcha and canal embankment roads. By Annexure-1, which is a notification dated 8-8-75 issued in exercise of power conferred by sub-sec. (1) of S. 43 of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act), the State Government fixed fares and freights (including the maximum and minimum in respect thereof) for stage carriages as required by the proviso to the said sub-section. The pre-conditions for issuance of such a notification (Annexure-1) had been satisfied.

(2.) Pursuant to the said notification (Annexure-1), opposite party No. 2 issued memo No. 3495 RTA dated 20-8-75 to the petitioner to produce his stage carriage permits for endorsements thereon regarding the revised rates of fares and freights. This memo is Annexure-2.

(3.) The petitioner thereupon submitted a representation against the revised rates of fares to opposite party No. 2 (Annexure-3) who considering the same came to the conclusion that since the rates of fares have been fixed by Government, it could not lawfully alter the same, though there was some weight in the representation. Opposite party No. 2, it is understood, had, nevertheless, made a reference to the State Government as to whether it would be lawful for it to alter the rates as required by the petitioner. Nothing is known as to the outcome of this reference. Subsequently, however, opposite party No. 2 by its memo No. 740/RTA dated 20-2-76 directed the petitioner to charge fares as per the rates approved by the Government and prohibited him from charging any fare in excess of the same. This memo is Annexure-4.