SHER SINGH & ORS. versus UNION OF INDIA AND OTHERS

SHER SINGH & ORS. versus UNION OF INDIA AND OTHERS

Section 47(1-H) of the Motor Vehicles Act, 1939 giving preference to State Transport Undertakings for stage carriage permits on inter-State routes is valid and does not violate Articles 14 or 19(1)(g); applications for renewal of permits must be processed as new applications and Section 47(1-H) applies equally; assignment of marks under Tamil Nadu Motor Vehicles Rules is justified.

Parties
Petitioner: Sher Singh; Respondent: Union of India; Respondent: Rajasthan State Road Transport Corporation; Respondent: Pallavan Transport Corporation Ltd.; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
21 October 1983
Procedural Posture
Special Leave Petition (civil) and Writ Petition / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Motor Vehicle Permits, Inter State Routes, State Transport Undertakings, Preference in Permit Grant, Constitutional Validity, Renewal of Permits
Constitutional Law Administrative Law Transport Law Motor Vehicle Permits Inter State Routes State Transport Undertakings Preference in Permit Grant Constitutional Validity +1 more

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Parties

Sher Singh

Petitioner

Union of India

Respondent

Rajasthan State Road Transport Corporation

Respondent

Pallavan Transport Corporation Ltd.

Respondent

State of Rajasthan

Respondent

Procedural Posture

Special Leave Petition (civil) and Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether Section 47(1-H) of the Motor Vehicles Act, 1939 providing preference to State Transport Undertakings for inter-state route permits is violative of Articles 14 and 19(1)(g) of the Constitution.
  2. 2 Whether a private operator applying for renewal of permit is entitled to preference over a State Transport Undertaking applying for a fresh permit under Section 58.
  3. 3 Validity of assignment of 5 marks to State Transport Undertaking under Rule 155-A of Tamil Nadu Motor Vehicles Rules.

Ratio Decidendi

Section 47(1-H) of the Motor Vehicles Act, 1939 giving preference to State Transport Undertakings for stage carriage permits on inter-State routes is valid and does not violate Articles 14 or 19(1)(g); applications for renewal of permits must be processed as new applications and Section 47(1-H) applies equally; assignment of marks under Tamil Nadu Motor Vehicles Rules is justified.

Court Disposition

Petitions dismissed

Orders

  • All the petitions are dismissed with no order as to costs.