KAMAKHYA MOTOTEC PVT. LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. UK Nair, learned counsel for the petitioner and Mr. Y Doloi, learned Addl. Advocate General for the State of Assam appearing on behalf of the respondents.

(2.) By this writ petition, the petitioner inter-alia seeks for setting aside the letter dated 5.12.2016 issued by the Regional Transport Authority (in short RTA), rejecting the representation as well as the claim of the petitioner for inclusion of the vehicle Tata Sumo Gold in the scheme called Metro Share Taxi scheme (MST). In the writ petition the petitioner also seeks for setting aside the decision of the RTA Kamrup adopted against agenda No.3 of the meeting dated 06.01.2016 and also clause VI of the notification dated 18.01.2016 of the District Transport Officer cum Secretary RTA Kamrup Metro, by which only the type of vehicle, namely, Tata Magic and Mahindra Maximo Mini having hinged doors were allowed to be included in the new MST scheme. The writ petition had also been filed for a direction that the respondent authorities be directed to include Tata Sumo Gold as an alternative vehicle along with the aforesaid Tata Magic and Mahindra Maximo Mini in the scheme of MST.

(3.) The writ petitioner is an authorised car dealer of the Tata Motors Ltd. and deals with the sales of four wheeler passenger cars manufactured by the said Tata Motors. It is stated that the petitioner is aggrieved by the action of the respondent RTA in excluding the vehicle Tata Sumo Gold and including separate type of vehicles, namely, Tata Magic and Mahindra Maximo Mini, without there being a judicious and sensible inter se assessment of the competing brands of vehicle and without there being any justified intelligible differentia between the selected vehicle and excluded vehicle in the scheme of MST.