TAXI VIKAS KARYA SANSTHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In all these petitions the condition attached to the permits of the Jeep Taxi not to put the luggage carrier on the Jeep has been challenged and as the common questions of law and fact are involved, all these petitions are decided by a common judgment and order.

(2.) The facts are not in dispute. Petitioners or the members of the petitioners Union have been granted the permits of contract carriage to carry the parties on certain occasions in the Jeeps. The condition has been attached to these permits that they shall not put the Luggage Carrier on the top of the Jeep. The condition so imposed has been challenged on the ground of inconvenience to the travellers and being arbitrary. Shri R. P. Dave, learned counsel appearing for the respondents has opposed it on the ground of public safety and convenience of the travelling passengers.

(3.) Section 74 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) empowers the authority to impose the conditions while granting the contract carriage permit including the following :-