AMBALA GOODS CARRIERS PVT Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) All these matters raise a common question of law and seek to challenge a condition In the public carrier's permit issued to the petitioners and countersigned by the Regional Transport Authority of the State of Himachal Pradesh that they shall not pick-up or set down between two stations of Himacal Pradesh any goods on the route as ultra vires the provisions of Motor Vehicles Act.

(2.) For the sake of brevity, we shall refer only to the facts relating to C. W. P. No. 248 of 1975 because the facts and points of law involved in all these writ petitions are practically the same. In C. W. P. No, 248 of 1975, the petitioner is M/s. Ambala Goods Carriers Private Limited. This company holds a permit as public carrier issued by the Regional Transport Authority Ambala in respect of vehicles which are mentioned in paragraph 1 of the petition. The petitioner has been plying its vehicles in the State of Haryana and the area covered by the State of Himachal Pradesh ever since the year of 1949. After the formation of the separate States of Haryana and Himachal Pradesh, the petitioner was required to obtain the counter-signatures of the relevant authorities of the State of Himachal Pradesh for plying its vehicles in the area of this State. According to it, it used to obtain the counter-signature as contemplated by Sections 56 and 63 of the Motor Vehicles Act. However, in the year 1973 the Stateg of Himachal Pradesh and Haryana entered into an agreement by virtue of which it was, inter alia, agreed between them as under; "No goods shall be picked-up or set down between any two points lying wholly within the jurisdiction of reciprocating State." Pursuant to this Clause of the agreement the permits held by the petitioner were extended and counter-signed on condition that no goods shall be picked- up or set down between two stations in the State of Himachal Pradesh. So far as the petitioners of C. W. P. No. 248 of 1975 are concerned they are permitted to drop their goods or get down only at one station, namely at Paweroo within the limits of this State.

(3.) The petitioners now contend that this particular condition permitting them to pick-up or set down their goods between two stations of Himachal Pradesh State is violative of the provisions of the Motor Vehicles Act and, therefore, even though both the States of Himachal Pradesh and Haryana have imposed this condition pursuant to the agreement arrived at between them on 1-1-1973, the said condition is violative of the statutory provisions of law and, therefore, ultra vires and not binding on them.