BHAIYALAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners, who are the owners of cycle-rickshaws, have questioned the validity of the directions issued by the State Government and the Executive Officer, Sasaram Municipality in purported exercise of the powers conferred on them by the Bihar Cycle-Rickshaw (Regulation of Licence) Act, 1979 (Bihar Act VI of 1979), hereinafter to be referred to as 'the Act'. By the impugned communications and notices steps have been taken for transfer of the cycle- rickshaws from the owners thereof to the pullers thereof, pursuant to coming into force of the aforesaid Act and the Rickshaw Pullers Welfare Scheme framed by the State Government. A letter dated 6-9-1981 was issued by the Director, Department of Urban Development addressed to all District Magistrates requesting them to issue necessary direction to the (Executive Officers for transfer of cycle-rickshaws from the owners thereof to the persons who are actually plying those rickshaws. A copy of this letter is Annexure 1 to the writ application. The Executive Officer, Sasaram Municipality, perhaps, in view of the aforesaid direction of the State Government issued notices to the petitioners on 20-9-1981 directing them to be present before him on 29-9-1981 along with their cycle-rickshaws and the persons who are plying them. The said notice further states that on that day the petitioners will have to transfer their rickshaws to such persons who actually ply them for which reasonable compensation shall be paid to the petitioners. The notice warns the petitioners that if they did not comply with the aforesaid order, their cycle-rickshaws shall be forfeited and other legal proceeding shall be initiated against them. A copy of this notice is Annexure 3 to the writ application. According to the petitioners, the direction of the State Government as well as the notice issued by the Executive Officer of the respondent-Municipality is without any authority in law and not sanctioned by the provisions of the aforesaid Act.

(2.) Learned Additional Advocate General appeared on behalf of the respondents at the stage of admission itself and both parties were heard at length and by the consent of the parties this writ application is being disposed of at the time of admission itself.

(3.) Initially the Bihar Cycle-Rickshaw (Regulation of Licence) Ordinance, 1976 was promulgated which was ultimately replaced by the Act aforesaid. The preamble of the Act says that it is to regulate the issue of licences to the owners and drivers of Cycle-Rickshaws plying in any Municipal area in the State of Bihar for their better management. The provisions of the Ordinance and the Act are virtually identical. Section 3 of the Act is as follows: