PRAHLAD PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) IN both the above writ petitions an identical question of law has been raised as such the same are disposed of by one single order. In both the above writ petitions the petitionsers have prayed that Section 47 (I -R) of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') be declared us ultra vires and violave of Articles 14 and 19 of the Constitution of India and the respondents be refrained from giving effect to and implement the said provisions of the Act.

(2.) THE petitioners are holders of non -temporary state carriage permit on different inter State routes. A challenge has been made to the provisions of Section 47(I -N) of the Act which reads as under:

(3.) ON the other hand it was argued by Mr. R.N. Munshi, learned Counsel for the Corporation that the legislature in its wisdom inserted Sub -Sections (1 -A) to (1 -N) to Section 47 by Act 47 of 1978 (w.e.f. 16 -1 -1979). The provisions contained in Sub -section (1 -N) only gave preference to a State Transport Undertaking for operating on any inter State route. On such inter -State route State Transport Undertaking has an additional advantage of having buss ands, large fleet of buses and other administrative grounds. It can certainly provide more efficient service to the passengers on such inter -State route in comparison to the private operators. It is contended that the Corporation will not be entitled to get the State carriage permit merely on account of having preference over all other applicants, as there is a further rider given in the proviso to sub Section (H -1). The proviso clearly lays down that the authority shall not grant a permit under this sub -section unless it is satisfied that the State Transport Undertaking would be able to operate in the inter -State route without detriment to its responsibility for providing efficient and adequate road transport service in such area. Thus, the State Transport Undertaking shall only be granted a permit when the authority would be satisfied about providing efficient and adequate road transport service Reliance is placed on the following observations in J.Y. Mandala Rao and Ors. v. Andhra Pradesh State Road Transport Corporation and Ors. AIR 1961 S.C. 81.