THE PARBHANI TRANSPORT CO-OPERATIVE SOCIETY LTD. versus THE REGIONAL TRANSPORT AUTHORITY, AURANGABAD AND OTHERS

THE PARBHANI TRANSPORT CO-OPERATIVE SOCIETY LTD. versus THE REGIONAL TRANSPORT AUTHORITY, AURANGABAD AND OTHERS

The Motor Vehicles Act, 1939, as amended by Act 100 of 1956, lays down two independent sets of provisions for the running of buses by the Government, under Chapters IV and IV A. The Government has a right to apply for permits under Chapter IV and must compete with other applicants, with no special advantage except under Chapter IV A. There is no infringement of Articles 19(1)(g) or 14 of the Constitution, as the Act does not prohibit the Government from applying under Chapter IV nor discriminate against co-operative societies in the grant of permits.

Parties
Petitioner: The Parbhani Transport Co-operative Society Ltd.; Respondents: The Regional Transport Authority, Aurangabad and Others
Jurisdiction
India
Judgment Date
07 March 1960
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petition dismissed
Legal Topics
Grant of Stage Carriage Permit to Government, Fundamental Rights—article 19(1)(g), Article 14, Interpretation of Motor Vehicles Act Provisions
Constitutional Law Administrative Law Transport Law Grant of Stage Carriage Permit to Government Fundamental Rights—article 19(1)(g), Article 14 Interpretation of Motor Vehicles Act Provisions

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Parties

The Parbhani Transport Co-operative Society Ltd.

Petitioner

The Regional Transport Authority, Aurangabad and Others

Respondents

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether the State Government can apply for stage carriage permits under Chapter IV of the Motor Vehicles Act, 1939, as amended by Act 100 of 1956, or only under Chapter IV A
  2. 2 Whether such grant of permits violates the fundamental rights under Article 19(1)(g) and Article 14 of the Constitution

Ratio Decidendi

The Motor Vehicles Act, 1939, as amended by Act 100 of 1956, lays down two independent sets of provisions for the running of buses by the Government, under Chapters IV and IV A. The Government has a right to apply for permits under Chapter IV and must compete with other applicants, with no special advantage except under Chapter IV A. There is no infringement of Articles 19(1)(g) or 14 of the Constitution, as the Act does not prohibit the Government from applying under Chapter IV nor discriminate against co-operative societies in the grant of permits.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed with costs