USMAN GANI Vs. REGISTERING AUTHORITY DISTRICT

JUDGEMENT

(1.) THIS Special Appeal has been filed by the appellant Usman Gani against the order dated January 4, 1985, passed by the learned Single Judge whereby the writ petition filed by the appellant challenging the validity of the order dated July 30, 1983/August 1, 1983, passed by the Registering Authority (District Transport Officer) Udaipur respondent No. 1 (here in after referred to as the Registering Authority; has been dismissed.

(2.) THE appellant is the owner of the Motor Vehicle (bus) bearing No. R.J.Y. 6095. In the registration certificate of (he said motor vehicle, it is recorded that the seating capacity of the said vehicle is 52 excluding driver and conductor. The appellant gave a notification dated February 28, 1983, under Section 32 of the Motor Vehicles Act, 1939 (Act No. V of 1939) (here in after referred to as the Act to the Registering Authority whereby he intimated that he was a registered owner of the vehicle No. R.J.Y. 6095 with the seating capacity of 54 in all and that too for the convenience of the passengers and the travelling public, he wanted to reduce the seating capacity of 40 in all and he, therefore, requested the Registering Authority to sanction alteration in the motor vehicle to this effect as its seating capacity is reduced from 54 to 40. The said notice was delivered by the appellant to the respondent on March 1, 1983. No reply was received by the appellant from the respondent to the said notice within 7 days. Thereafter the appellant made the proposed alterations in the motor vehicle and reduced the total number of seats from 54 to 40. The said alteration was completed by him on July 31, 1983. Thereafter the appellant sent a letter dated July 14/16, 1883 to the Registering Authority intimating about the alteration that was made by him in the seating capacity of the motor vehicle and requested the respondent to make the necessary changes in the registration certificate of the said motor vehicle. By letter dated July 20, 1983 respondent questioned the right of the appellant to make alteration in the motor vehicle in the absence of specific permission in that regard and at the same time the appellant was asked to produce the vehicle for inspection by the Motor Vehicles Inspector within 7 days. Thereupon the appellant produced the motor vehicle for inspection on July 25,1983 and it was inspected by the Motor Vehicles Inspector who prepared the inspection report (Anx. R. 2). Thereafter the respondent passed the impugned order dated July 30, 1983/August 1, 1983 whereby the alteration made by the appellant in the vehicle for reducing the seating capacity from 54 to 40 was rejected on the ground that the said alteration was made without obtaining the approval under Section 32 of the Act and on inspection it was found that no change has been made in the body of the vehicle and, therefore, there was no justification for reducing the seating capactiy. Being aggrieved by the said order, the appellant filed the writ petition in the Court where in he prayed for a writ of certiorari or any other writ order, or direction to quash the impugned order dated July 30, 1983/ August 1,1983 passed by the respondent and also prayed for quashing of the order by a writ of mandamus or' any other appropriate writ, order or direction, directing the respondent to make the necessary changes in the bus pertaining to the seating capacity of the petitioner's vehicle No. RJY. 6095 from 54 to 40 in the registration certificate issued or by the said vehicle.

(3.) FEELING aggrieved by the aforesaid order of the learned Single Judge the appellant has filed this Special Appeal.