ROPPEN TRANSPORTATION SERVICES PVT LTD versus UNION OF INDIA & ORS.

ROPPEN TRANSPORTATION SERVICES PVT LTD versus UNION OF INDIA & ORS.

The Supreme Court declined to entertain a challenge under Article 32 to the State notification of 19 January 2023, granted liberty to the petitioners to challenge the notification before the High Court under Article 226, and held that the correctness of the RTO order rejecting the licence is subsumed by the State's decision to refer the matter to a committee and to prohibit aggregation of non-transport vehicles pending its report; the State was directed to take a final decision by 31 March 2023 and the Committee to decide by 15 March 2023.

Parties
Petitioner: ROPPEN TRANSPORTATION SERVICES PVT LTD; Respondent: UNION OF INDIA & ORS.
Jurisdiction
India
Judgment Date
07 February 2023
Procedural Posture
Special Leave Petition (civil) and Writ Petitions Under Articles 32 and 226 / Judgment and Disposal by Supreme Court; Petitions Disposed of
Outcome
Petitions disposed of by the Supreme Court
Legal Topics
Aggregator Licensing, Motor Vehicle Aggregator Guidelines 2020, Ride Pooling and Aggregation of Non Transport Vehicles, State Notification and Delegated Rule Making, Judicial Review
Motor Vehicles Law Administrative Law Constitutional Law Aggregator Licensing Motor Vehicle Aggregator Guidelines 2020 Ride Pooling and Aggregation of Non Transport Vehicles State Notification and Delegated Rule Making Judicial Review

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Parties

ROPPEN TRANSPORTATION SERVICES PVT LTD

Petitioner

UNION OF INDIA & ORS.

Respondent

Procedural Posture

Special Leave Petition (civil) and Writ Petitions Under Articles 32 and 226 / Judgment and Disposal by Supreme Court; Petitions Disposed of

Legal Issues

  1. 1 Whether the RTO correctly rejected the aggregator licence application for non-compliance with the Motor Vehicle Aggregator Guidelines 2020
  2. 2 Whether the State notification of 19 January 2023 prohibiting aggregation of non-transport vehicles is amenable to challenge under Article 32
  3. 3 Whether the State may prohibit pooling of non-transport vehicles pending consideration by a committee and formulation of rules under Section 96

Ratio Decidendi

The Supreme Court declined to entertain a challenge under Article 32 to the State notification of 19 January 2023, granted liberty to the petitioners to challenge the notification before the High Court under Article 226, and held that the correctness of the RTO order rejecting the licence is subsumed by the State's decision to refer the matter to a committee and to prohibit aggregation of non-transport vehicles pending its report; the State was directed to take a final decision by 31 March 2023 and the Committee to decide by 15 March 2023.

Court Disposition

Petitions disposed of by the Supreme Court

Orders

  • Permission to file the Special Leave Petitions granted
  • Delay condoned