DEVENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioners challenged the validity of the Bihar Cycle-Rickshaw (Regulation of Licence) Ordinance, 1976 (Bihar Ordinance No. 141 of 1976) (hereinafter referred to as the 'Ordinance'). They further pray that the respondents be restrained from acting in pursuance of the said Ordinance.

(2.) The writ petitioners claim that they carry on rickshaw business within the limits of Patna Municipal Corporation. They own a number of cycle-rick-shaws which are let out by them to different rickshaw-pullers on hire. Those rickshaws are registered in the petitioners' name. They claim that the impugned Ordinance is ultra vires Article 301 as also Article 31 of the Constitution

(3.) The Ordinance states, in its preamble: