JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution challenging the imposition of a ban issued under Rule 230 of the Rajasthan Motor Vehicles rules, 1951 (to be called the rules) on plying the tempos between Sanganeri gate to Khasa Kothi, via Mirza Ismail Road. Jaipur City, by the Regional transport Authority respondent No. 3. The same has to be effective from 1-71976.

(2.) THE petitioner holds a contract carriage permit issued by the Regional transport Authority, Jaipur Region which is valid upto 31-3-1979. In this permit the route area mentioned is the Municipal limits of Jaipur City. It may be noted that the banned portion viz. , Sanganeri Gate to Khasa Kothi falls within the municipal limits of Jaipur. As the petitioner is aggrieved against the said decision by the Regional Transport Authority he has moved this court in the present writ petition.

(3.) SECTION 74 of the Act empowers the State Government or any authority authorised in this behalf by the State Government if satisfied that it is necessary in the interest of public safety or convenience to prohibit or restrict as may be specified in the notification the driving of motor vehicles or any specified class of Motor Vehicles or the use of trailers either generally in a specified area or on a specified area or on a specified road. The State government by virtue of Section 91 of the Act has framed Rule 230 which provides that a Regional Transport Authority shall have the power subject to the control of State Transport Authority to prohibit or restrict the use of Motor vehicles generally of a particular class in a specified area or in respect of any road, provided that no such limits or restrictions shall be imposed without the concurrence 6f State Transport Authority.