SHYAM LAL KABRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution, has been filed by Shyam Lal Kabra for the following reliefs; - (a) THIS Hon'ble Court may kindly be pleased to issue a writ of prohibition or any other writ, order or direction which is deemed fit and proper in the circumstances of this case restraining the non-petitioners and their officers and employees from interfering with the playing of the vehicle of the petitioner or seizing the same covered by valid All India Tourist Permits for whole of Rajasthan which stands only renewed; and (b) Any other writ, direction or order which is deemed fit and proper in the circumstances of this case may kindly be passed in favour of the petitioner.

(2.) THE petitioner was granted permits in respect of tourist vehicles valid for the whole of Indian in contiguous States including the home State i. e. Rajasthan. A list of permits given to him is attached to the writ petition as Annex.-1. He was maintaining the tourist vehicles in accordance with the provisions of sub-section (ii) of Section-88 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') and operating the same in accordance with the provisions of Rules 83, 84 and 85 of the Central Motor Vehicles Rules, 1989.

(3.) THE police and transport authorities used to challan and seize the tourist vehicle on the allegations for want of documents and or playing the vehicles against the conditions of permit. THE petitioner's complaint was that the police and transport authorities used to get the vehicles vacated from the drivers and after leaving them at the spot where the vehicles were seized without any shelter and without caring for the mode of transportation. Consequently, the petitioner had to file the present writ petition in this Court for a writ of prohibition restraining the authorities from either seizing the vehicles or compelling the passengers to vacate the vehicles on the ground that under the Rule applicable they did not have power to do so.