ISHWAR SINGH BAGGA & ORS. ETC. versus STATE OF RAJASTHAN ETC.

ISHWAR SINGH BAGGA & ORS. ETC. versus STATE OF RAJASTHAN ETC.

Deputy General Manager (Traffic), Assistant Depot Managers, and Traffic Inspectors of the Corporation cannot be authorized by the State Government to exercise powers under section 129A of the Motor Vehicles Act, 1939; 'other person' under section 129A must mean officers of the Government and not those of statutory corporations.

Parties
Petitioner/appellant: Ishwar Singh Bagga & Ors.; Respondent: State of Rajasthan & Ors.
Jurisdiction
India
Judgment Date
19 November 1986
Procedural Posture
Writ Petition/civil Appeal / Supreme Court Decision
Outcome
Petitions and appeals allowed; impugned Notification quashed.
Legal Topics
Interpretation of Statutory Powers, Permits and Regulation of Motor Vehicles, Delegation of Powers Under Motor Vehicles Act, Fundamental Rights Under Article 19(1)(g)
Administrative Law Motor Vehicles Law Constitutional Law Interpretation of Statutory Powers Permits and Regulation of Motor Vehicles Delegation of Powers Under Motor Vehicles Act Fundamental Rights Under Article 19(1)(g)

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Parties

Ishwar Singh Bagga & Ors.

Petitioner/appellant

State of Rajasthan & Ors.

Respondent

Procedural Posture

Writ Petition/civil Appeal / Supreme Court Decision

Legal Issues

  1. 1 Whether officers of the Rajasthan State Road Transport Corporation can be authorized under section 129A of Motor Vehicles Act, 1939, to exercise powers of detention and seizure relating to stage and contract carriages on notified routes.
  2. 2 Whether such appointment violates Article 19(1)(g) of the Constitution.

Ratio Decidendi

Deputy General Manager (Traffic), Assistant Depot Managers, and Traffic Inspectors of the Corporation cannot be authorized by the State Government to exercise powers under section 129A of the Motor Vehicles Act, 1939; 'other person' under section 129A must mean officers of the Government and not those of statutory corporations.

Court Disposition

Petitions and appeals allowed; impugned Notification quashed.

Orders

  • Impugned Notification dated 15.7.1975 empowering Corporation officers under section 129A of Motor Vehicles Act, 1939 is quashed.
  • No order as to costs.