MEHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this group of eight petitions viz. CWP No. 9063 of 1987, CWP No. 6476 of 1986, CWP No. 5209 of 1987, CWP No. 6033 of 1987, CWP No. 6477 of 1986 CWP No. 6056 of 1987, CWP No. 8298 of 1987 and CWP No. 8603 of 1987 the petitioners, who own tractor-trolleys, are aggrieved by the order of the State Transport Commissioner, by which they were permitted to operate within a radius of 25 K.Ms. only from the place of their residence or business, where the tractor-trolley is registered. The petitioners claim that the restriction on the area of operation is arbitrary and unreasonable. The State on the other hand contends that the policy decision was in consonance with the provisions of law and was just and fair.

(2.) Facts as given in CWP No. 9063 of 1987 alone may be noticed. The eighteen petitioners claim to be the owners running tractor-trolleys. It is averred that the State Government in the year 1973 decided to permit the running of tractor-trolleys as public carriers in the State of Punjab. In pursuance to this policy, permits were issued to the petitioners for plying the tractor-trolleys under the 'Public Carrier Permit' throughout the State of Punjab. This, according to the petitioners, affected the truck-operators adversely. As a result an order was issued on 28/02/1983, by which it was made incumbent for the owners of tractor-trolleys to provide hydraulic brakes in the trolleys. Not satisfied with this impediment placed in the way of the petitioners, the truck operators continued to exercise pressure which culminated in the impugned order issued by the State Transport Commissioner, Punjab, whereby the area of operation for tractor-trolleys was restricted to a radius of 25 Kms. A copy of this order has been placed on record as Annexure P 1. The petitioners claim to have represented against the order, but having failed to achieve the desired results, they have challenged this order through the present petition.

(3.) In the written statement filed on behalf of the respondents, it has been inter-alia averred that permits were initially issued to streamline the illegal operation of the tractor-trolleys by the owners. It has been averred that a tractor-trolley is basically an agricultural equipment. The transportation of goods on hire and reward is basically the job of transport vehicle i.e. the trucks which are issued Public Carrier Permits / National Permits without any restriction. The tractor-trolleys permit holders are stated to have started an unhealthy competition with trucks which resulted in obstructing the smooth transaction of goods from one place to another. The restriction has been placed to discourage unhealthy competition between the tractor-trolleys owners and truck-operators so that the tractors are better utilised for local agricultural needs. It has also been averred that the order to reduce the operational area was issued after hearing the tractor-trolley operators and the truck-operators' union in a meeting held on 19/03/1985. The provisions of law and public interest were kept in view while examining the matter and a policy decision to regulate the operational area was taken to avoid the unhealthy competition between the owners of tractor-trolleys and the truck-operators.