Venkataswami, J. - (1.)This Petition, under Article 226 of the Constitution, is directed against a communication made by the Regional Transport Officer, Bellary, on 29/31-1-1966, calling upon the petitioner to produce vehicles commercially known as 'Diesel Mogurt Dumpers -- DR SO Model' for registration under the Motor Vehicles Act, 1939, to be hereinafter referred to as the "Act". The communication has further cautioned the petitioner that it would be an offence to use the vehicles without proper registration under the Act.
(2.)The prayer of the petitioner is for the Issue of a writ in the nature of Certiorari quashing the said communication with a further direction to the R. T. O. (respondent) to forbear from insisting upon the registration of the Dumpers belonging to the petitioner, under the provisions of the Act, and from visiting the consequences of non-legis-tration on the petitioner.
(3.)The few facts relevant for the disposal of this petition are as follows: The Petitioner-company is a holder of a lease in regard to 819 acres of land under the Mines Act and Regulations. The petitioner, during his mining operations, has been using 4 Dumpers which will be more fully described hereafter. According to him, the vehicles are used to carry loads of earth and ore from one place to another within the mining area. It is stated that this operation is essential for carrying on its mining operations effectively and economically. On 2-6-1965 the Company appears to have addressed a letter to the Commissioner for Transport, Bangalore, making an enquiry in regard to the registration of these Dumpers. A reply was received by the petitioner on 26-6-1965 (Annexure A) to the effect that even though the vehicles were proposed to be used within the Mining Area, they were required to be registered under Chapter III of the Act. Further correspondence seems to have ensued culminating in the issue of an endorsement (Annexure C), whereunder the Company was called upon to produce the vehicles for registration with a note of caution that it would amount to an offence to use such vehicles without registration. Aggrieved by this communication, the petitioner has approached this Court for the issue of a Writ or direction as detailed earlier.
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