LAKHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE writ petitions have been filed for declaring clause (ii) of sub-rule (1) and also sub-rule (6) of Rule 5. 5 of the Motor Vehicles Rules, 1990 (hereinafter to be called the Rules) as ultra vires, for quashing stage carriage permits granted in favour of the Rajasthan State Road Transport Corporation (In short RSRTC) issued in pursuance of the resolutions of the Regional Transport Authority (In short RTA) and for restraining the Secretary, RTA from granting and/or restraining the Secretary, RTA from granting and/or issuing any stage carriage permit temporary or non-temporary on the impugned routes in pursuance of the resolutions. The particulars of the RTA, resolutions and routes are as under :- S. No. Writ petition No. Name of RTA Date of Resolution Route 1. 4902/93 Jodhpur 21. 7. 93 Jalore-Sindri 2. 3435/93 Bikaner 22. 4. 93 Raisinghnagar to Deravyas via Padampur,ganganagar, Abhore, Mallot, Muktsar, Kotakpura, Mogha, Dharamkot & Juilandhar, 3. 4074/93 Bikaner 22. 4. 93 Anoopgarh to Bhatinda extended upto Patiala via Barnala & Sangrur. 4. 4903/93 Jodhpur 21. 4. 93 Jalore-Sindri 5. 4074/93 Bikaner 22. 4. 93 Raisinghnagar to Amritsar via Padampur, Fazilka, Ferozpur & Harikapttan. 6. 4079/93 Bikaner 22. 4. 93 Karanpur to Chintpurni via Ganganagar, Abhore, Mallot, Muktsar, Kotakpura, Mogha, Juilandhar & Hosiarpur

(2.) THESE writ petitions are being disposed of by this common order as their facts are similar and law involved is same.

(3.) COMPARATIVE study of the above quoted provisions relating to the application for stage carriage permit shows that Section 46 of the Old Act speaks in respect of a service of stage carriage or to use a particular motor vehicle as a stage carriage and Section 70 of the New Act speaks permit in respect of a stage carriage or as a reserve stage carriage. On the basis of this difference in phraseology it was contended that Section 70 of the New Act does not deal with permit in respect of a service of stage carriage. Prima facie, this argument seems to be attractive but it is not so. Section 2 (4) of the New Act defines 'stage carriage' almost similarly as was defined in Section 2 (29) of the Old Act. As a matter of fact the words 'service of appearing before 'in respect of a' and after 'stage carriages' were redundant. According to the definition of 'stage carriage' as given in Section 2 (29) of the Old Act and Section 2 (40) of the New Act, means a motor vehicle to carry passengers for hire or reward for the whole journey or for stages of the journey. This definition contemplates service. Clauses (a) to (f) of both the above quoted sections (Section 46 of the Old Act and Section 70 of the New Act) are almost similar. Section 70 (1) of the New Act also contemplates applications for permit in respect of a service of stage carriage. The phrase 'permit in respect of means permit in respect of a single stage carriage and also permit in respect of several stage carriage. Section 13 (2), General Clauses Act provides that unless there is any thing contained repugnant to the Act or Rules, words in the singular shall include plural and vice-versa. Thus the word 'permit' in respect of a stage carriage also includes permit in respect of service of stage carriages. As such Rules 5. 5 (1) (ii) and 5. 5 (6) and Form RS-5 are quite valid. They have been framed under Section 96 of the New Act for the purpose of carrying into effect the provisions of Chapter V of the New Act. They do not travel beyond the scope of the Act. The Forms 5. 1 and 5. 2 contain the particulars which are enumerated in clauses (a) to (f) of Section 70 of the New Act. Similarly, Form, 5. 10 relating to the permit in respect of service of stage carriages is also consistent with the provisions of Section 70 of the New Act. Accordingly, provisions of Rule 5. 5 (1) (ii), 5. 5 (6) and 5. 9 (ii) of the Rajasthan Motor Vehicles Rules, 1990 are quite valid and are intra vires of, the provisions of Section 70 of the New Act.