BAKSHI TIRATH RAM Vs. REGISTERING AUTHORITY, J&K

JUDGEMENT

(1.) THESE are two writ petitions impugning the notification of the Registering Authority published in the daily newspaper Sandesh  Jammu on 25 -4 -1959 specifying certain places in Jammu where the stage carriages could stand and prohibiting them to stand at any other place except the specified places, and further prescribing time for the entry of the vehicles into the city for picking up passengers and load for being carried to different places. These petitions are filed by Bakhshi Tirath Ram son of Bakhshi Guranditta resident of Mohalla Mastgarh Jammu, who is the owner of a stage carriage vehicle No. J and K 6021 which plies on Jammu Poonch route, and by Sardar Avtar Singh resident of Mohalla Mubarak Mandi, proprietor of Avtar Motor Garage, Shalamar Road, Jammu. They have prayed that a writ of certiorari be issued quashing the notification passed by the Registering Authority and directing him not to implement such notifications. Both these petitions will be disposed of by this order.

(2.) WE will deal with the points raised by the petitioners impugning the notification passed by the Registering Authority on 25 -4 -1959.

(3.) THE petitioners have alleged in their petitions that they are the State subjects and are carrying on business in Jammu. They have averred that the notification infringes Art. 19 of the Constitution of India inasmuch as it infringes the right of the petitioners to hold property and carry on any business or profession. It is further alleged that the notification is illegal, ultra vires and bad in law because it is discriminatory inasmuch as it discriminates between stage carriages and hence violates Art. 11 of the Constitution. Lastly it is urged that the Transport Controller has no authority to pass such notifications under rule 7 -12 of the Motor Vehicles Rules, 2003, nor is he the prescribed authority validly appointed. Avtar Singh petitioner has further mentioned in his petition that the respondent had no authority to order that no stage carriage may be stationed at any place other than those specified by him. It is submitted that the respondent by his notification prohibited the stage carriages to come up to his petitionerâ„¢s garage and stand there till they are repaired and thus has infringed Art. 191g of the Constitution as he is unable to carry on his business of repairing motor vehicles.