BIHAR TRUCK OWNER ASSOCIATION Vs. STATE OF BIHAR
HIGH COURT OF PATNA
Bihar Truck Owner Association
STATE OF BIHAR
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(1.) The instant petitions, in terms of the directions issued by Hon'ble the Supreme Court, were heard on priority basis.
The following issues arise for consideration before this Court:-
(i) Whether the scope of Sec. 115 of the Motor Vehicles Act, 1988 allow regulations of/ restrictions on the movement of goods?
(ii) Is the impugned notification prohibiting the carriage of goods confined only to sand and stone chips on certain specified vehicles so arbitrary and unreasonable that it cannot be sustained?
(iii) What is the nature, ambit and scope of Article 301 of the Constitution of India? Whether the power enumerated under Sec. 115 of the Motor Vehicles Act, 1988 are wide enough to impose a complete ban on intra and inter-state traffic with vehicles having 14 wheels or above?
(iv) Whether the State possesses the legislative competence to restrict the use of National Highways?
(v) Whether the impugned notification qualifies the requirement of reasonable restriction under Article 19 of the Constitution of India?
(vi) Whether the State can in pursuance of public safety issue direction on an issue upon which the Central Government has already done so?
(2.) The petitioner(s)/its members are all owners and operators of multi-wheeled vehicles ordinarily used to transport goods, both inter and intra-State of Bihar. All petitions filed before this Court were heard together, keeping in view the near-identical nature of reliefs sought and the challenge laid.
(3.) Petitioners in (i) CWJC Nos.4310 of 2021 titled as Bihar Truck Owner Association v. The State of Bihar and ors.;
(ii) 4217 of 2021 titled as Arvind Yadav and Ors. vs. The Union of India and Ors.; (iii) 4223 of 2021 titled as Bhagalpur District Truck Owner Association vs. The State of Bihar and Ors.; (iv) 4296 of 2021 titled as Ravish Kumar and Anr. v. The Union of India and Ors.; (v) 4734 of 2021 titled as Mukesh Kumar Madhukar and Ors. v. The Union of India and ors.;(vi) 4981 of 2021 titled as Ashutosh Kumar and Ors. V. The Union of India and Ors.;(vii) 7926 of 2021 titled as Raushan Kumar v. The State of Bihar and ors.; and (viii) 1133 of 2022 titled as JSP Projects Private Limited v. The Union of India and Ors. seek quashing of the impugned notification dtd. 16/12/2020 and consequential communication dtd. 17/12/2020. Also, they seek declaration with respect to the scope and power of Sec. 115 of the Motor Vehicles Act, 1988. ;
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