P C SHIVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, the petitioner has claimed relief of declaration of Rule 151 (2) of the Karnataka Motor Vehicles rules 1989 as ultra vires and violative of Articles 14 and 19 (l) (g)of the Constitution of India and for quashing of the order/endorsement bearing No. STA-6/repl. 46/96-97 dated 11-7-1996 marked as Annexure-A and for a writ of mandamus for grant of permission for replacement as prayed for.

(2.) THE petitioner had been the holder of a stage carriage permit bearing No. 45/90-91 valid upto 15-1-2001 where under he was authorised to operate on the route Sira to Kunigal and back, covered by stage carriage vehicle bearing No. KA 09/1732 having a seating capacity of 48 + 2. Petitioner's case is that he is also the registered owner of a stage carriage vehicle bearing registration No. TAK 6381 having a seating capacity of 35 + 2 and the wheel-base of the vehicle is 210". Petitioner moved for replacement of stage carriage KA 09/1732 by another vehicle bearing No. TAK 6381 covered by stage carriage permit No. 45/90-91. This application was moved on 11-7-1996. On 11-7-1996, the Secretary, K. S. T. A. , Bangalore, issued an endorsement directing the permit holder to get the seating capacity altered from the Regional Transport Officer concerned so as to conform with the requirements of Rule 151 (2) of Rules 1989 and then produce the document for necessary action and returned the application. The authority wanted the seating capacity altered from 35 + 2 to 48 + 2. The petitioner, as such, filed this petition for the reliefs claimed as mentioned above.

(3.) I have heard the learned Counsel for the petitioner Sri B. R. S. Gupta and the learned Government Advocate Sri B. E. Kotian.