GANESHLAL BHANWARLAL Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution against an order of the Registering Authority, Udaipur, suspending the registration of the jeep of the petitioners under section 33(1)(b) of the Motor Vehicles Act.

(2.) I have heard the learned counsel for the petitioners and the learned Government Advocate and am satisfied that the order is erroneous.

(3.) It is not disputed that the petitioners are owners of a light motor vehicle No. RJY 1483 which they use for the purpose of their dairy business. They bring milk for sale in this jeep from village Lakadawas and other neighbouring villages for sale in their dairy. Sec. 42(1) of the Motor Vehicles Act lays down that no owner of a transport vehicle shall use the vehicle in any public place without a permit.