PARBHANI TRANSPORT CO OPERATIVE SOCIETY LIMITED Vs. REGIONAL TRANSPORT AUTHORITY AURANGABAD
LAWS(SC)-1960-3-31
SUPREME COURT OF INDIA
Decided on March 07,1960

PARBHANI TRANSPORT CO OPERATIVE SOCIETY LIMITED Appellant
VERSUS
REGIONAL TRANSPORT AUTHORITY.AURANGABAD Respondents


Referred Judgements :-

NAZIR AHMAD V. KING EMPEROR [REFERRED]



Cited Judgements :-

DELHI HIGH COURT BAR ASSOCIATION VS. UNION OF INDIA SECT DEPPT OF ECO AFFAIRS BANKING DEVISION MINISTRY OF FINANCE [LAWS(DLH)-1995-3-1] [REFERRED )]
ZAHIR AHMAD VS. GANGA PRASAD A S D M BALLIA [LAWS(ALL)-1962-1-2] [REFERRED TO]
CHANDER ALIAS CHANDRA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1997-12-64] [REFERRED TO]
A H WHEELER VS. UNION OF INDIA [LAWS(ALL)-2005-3-72] [REFERRED TO]
LAXMI TRANSPORT CO VS. CHIEF OPERATION MANAGER [LAWS(ALL)-2005-5-267] [REFERRED TO]
YOGENDRA CHANDRA VS. COMMISSIONER OF WEALTH TAX [LAWS(HPH)-1990-7-3] [REFERRED TO]
K GOVINDA REDDY VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1967-12-25] [REFERRED TO]
INDO BURMA WOOD PRODUCTS P LTD VS. STATE [LAWS(CAL)-1967-4-2] [REFERRED TO]
K S R T C VS. K S T A T [LAWS(KAR)-1981-2-28] [REFERRED TO]
SHEIKRIYAMMADA NALLA KOYA VS. ADMINISTRATOR UNION TERRITORY OF LACCADIVES MINICOY AND [LAWS(KER)-1966-10-25] [REFERRED TO]
CENTRAL BANK OF INDIA VS. STATE OF MAHARASHTRA [LAWS(BOM)-1992-6-17] [REFERRED TO]
S M MALLEWAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-9-58] [REFERRED TO]
RANI SATI INVESTMENT AND FINANCE LTD VS. UNION OF INDIA [LAWS(BOM)-2004-2-140] [REFERRED TO]
KEDARNATH CONSTRUCTION CO VS. MUNICIPAL CORPORATION OF GRATER MUMBAI [LAWS(BOM)-2009-5-5] [REFERRED TO]
UNION OF INDIA VS. RAFIQUE SHAIKH BHIKAN [LAWS(SC)-2012-5-17] [REFERRED TO]
GUSTADJI DHANJISHA BUHARIWALA VS. NEVIL BAMANSHA BUHARIWALA [LAWS(GJH)-2011-5-105] [REFERRED TO]
NARENDRA KUMAR VARSHNEY VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1971-7-7] [REFERRED TO]
CHETAN KAMBLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-5-47] [REFERRED TO]
P SUSEELA VS. UNIVERSITY GRANTS COMMISSION [LAWS(MAD)-2010-12-69] [REFERRED TO]
BARHAM DUTT VS. PEOPLES CO-OPERATIVE TRANSPORT SOCIETY LTD [LAWS(P&H)-1960-8-15] [REFERRED TO]
NARESH SHRIDHAR MIRAJKAR VS. STATE OF MAHARASHTRA [LAWS(SC)-1966-3-1] [REFERRED]
CAPITAL MULTI PURPOSE CO OPERATIVE SOCIETIES BHOPAL IN C A NO 2201 OF 1966 NIRMAL MOTOR CAR CO INDORE VS. STATE OF MADHYA PRADESH [LAWS(SC)-1967-3-22] [REFERRED]
LALIT JALAN VS. BOMBAY GAS COMPANY LIMITED [LAWS(SC)-2003-4-73] [RELIED ON]
BANNARI AMMAN SUGARS LTD VS. COMMERCIAL TAX OFFICER [LAWS(SC)-2004-11-56] [REFERRED TO]
MARY ANGEL VS. STATE OF TAMIL NADU [LAWS(SC)-1999-5-98] [RELIED]
GULAM ABBAS VS. STATE OF UTTAR PRADESH [LAWS(SC)-1981-11-22] [REFERRED TO]
AKADASI PADHAN VS. STATE OF ORISSA [LAWS(SC)-1962-12-4] [DISTINGUISHED]
D R VENKATACHALAM VS. DEPUTY TRANSPORT COMMISSIONER [LAWS(SC)-1976-12-8] [RELIED ON]
KRISHNAN KAKKANTH VS. GOVERNMENT OF KERALA [LAWS(SC)-1996-10-154] [RELIED ON]
SARASWATI DEVI VS. STATE OF UTTAR PRADESH [LAWS(SC)-1980-11-35] [CITED]
U P STATE ROAD TRANSPORT CORPORATION VS. STATE OF U P [LAWS(ALL)-2012-2-25] [REFERRED TO]
N RAGHUPATHY VS. STATE OF TAMILNADU [LAWS(MAD)-2010-6-90] [REFERRED TO]
BHAURI LAL JAIN VS. SUB DIVISIONAL OFFICER [LAWS(PAT)-1972-4-1] [REFERRED TO]
SANWARMAL VS. MURARILAL [LAWS(RAJ)-1979-1-28] [REFERRED TO]
PRAHLAD PRASAD VS. UNION OF INDIA [LAWS(RAJ)-1983-2-14] [REFERRED TO]
COMMISSIONER AND DIRECTOR OF AGRICULTURE VS. OMKAR FERTILIZERS PVT. LTD [LAWS(APH)-2013-3-2] [REFERRED TO]
STATE OF TAMIL NADU VS. N.RAGHUPATHY [LAWS(MAD)-2013-11-75] [REFERRED TO]
REMESH KUMAR VS. REGIONAL TRANSPORT AUTHORITY, PALAKKAD [LAWS(KER)-2014-2-17] [REFERRED TO]
KERALA STATE LIMITED VS. GOVERNMENT OF KERALA [LAWS(KER)-2014-3-38] [REFERRED TO]
Sundargarh Citizens Forum VS. Orissa State Road Transport Corporation [LAWS(ORI)-2008-12-33] [REFERRED TO]
S HARNAM SINGH VS. PASSENGER SERVICE J&K GOVERNMENT TRANSPORT UNDERTAKING, JAMMU [LAWS(J&K)-1972-1-6] [REFERRED TO]
RADHEY SHYAM AND ORS. VS. CHHABI NATH AND ORS. [LAWS(SC)-2015-2-87] [REFERRED TO]
RAMDEV FOOD PRODUCTS PRIVATE LIMITED VS. STATE OF GUJARAT [LAWS(SC)-2015-3-34] [REFERRED TO]
P. SUSEELA AND ORS. VS. UNIVERSITY GRANTS COMMISSION AND ORS. [LAWS(SC)-2015-3-36] [REFERRED TO]
JOGENDRASINHJI VIJAYSINGHJI VS. STATE OF GUJARAT [LAWS(SC)-2015-7-27] [REFERRED TO]
KERALA STATE LIMITED STOP/STAGE CARRIAGE VS. RAHUL TOM, KONDODICKAL HOUSE [LAWS(KER)-2014-3-231] [REFERRED TO]
SASMITA MOHANTY AND ANR. VS. ORISSA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY AND ORS. [LAWS(ORI)-2009-10-74] [REFERRED TO]
ABDUL RASHID KHAN VS. STATE OF UTTAR PRADESH AND ANOTHER [LAWS(ALL)-1960-11-31] [REFERRED TO]
CAPITAL MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., BHOPAL AND OTHERS VS. STATE OF MADHYA PRADESH THROUGH THE CHIEF SECRETARY TO GOVERNMENT OF M.P. AND OTHERS [LAWS(MPH)-1966-9-23] [REFERRED TO]
GURDEV SINGH VS. NARAIN SINGH & ORS [LAWS(HPH)-2016-6-71] [REFERRED TO]
ANNA TRANSPORT CORPORATION LTD., SALEM VS. R. SENGODAN AND OTHERS [LAWS(MAD)-1994-9-103] [REFERRED TO]
C.K. BALASUBRAMANIAN VS. SECRETARY, STATE TRANSPORT AUTHORITY, MADRAS AND OTHERS [LAWS(MAD)-1994-1-155] [REFERRED TO]
DR. SUKUMAR MUKHERJEE, DR. SYED ABDUL MOMEN, DR. RAM KRISHAN DUTTA ROY, DR. TAPAN DAS CHATTERJEE, DR. SAIBAL GUPTA AND HEATH SERVICE ASSOCIATION WEST BENGAL AND ANOTHER VS. STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-1991-7-53] [REFERRED TO]
AMBA TANNIN AND PHARMACEUTICALS LTD. VS. OFFICIAL LIQUIDATOR, HIGH COURT, BOMBAY [LAWS(BOM)-1974-2-27] [REFERRED TO]
SECURITY ASSOCIATION OF INDIA VS. UNION OF INDIA [LAWS(BOM)-2016-12-151] [REFERRED TO]
KESHVDAYAL SHARMA VS. HARISHCHANDRA [LAWS(MPH)-1968-7-21] [REFERRED]
BALDEV SINGH & ORS VS. PRITA [LAWS(HPH)-2016-9-288] [REFERRED TO]
STATE OF TELANGANA, REP., BY ITS PRL. SECRETARY, WOMEN AND CHILD WELFARE DEPARTMENT, TELANGANA SECRETARIAT VS. M/S. SRI VENKATESWARA INDUSTRIES, MAHABOBNAGAR, MAHABOOBNAGAR DISTRICT, REP., BY ITS PROPRIETOR B. DAMODAR REDDY [LAWS(APH)-2016-9-64] [REFERRED TO]
P.S. SAWHNEY VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2014-1-599] [REFERRED TO]
SMART CHIP LTD VS. SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT SECRETARIAT FORT ST GEORGE [LAWS(MAD)-2017-8-266] [REFERRED TO]
MOHD. KHALID VS. STATE OF U.P. [LAWS(ALL)-2018-3-455] [REFERRED TO]
DILIPBHAI KAMLAKANT PANDEY VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-576] [REFERRED TO]
SRI SAMSTHANA MAHABALESHWARA DEVARU VS. SECRETARY [LAWS(KAR)-2018-8-308] [REFERRED TO]
GIRISH CHANDRA TRIPATHY VS. STATE OF ODISHA [LAWS(ORI)-2019-1-64] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. MANOHARLAL ETC. [LAWS(SC)-2020-3-83] [REFERRED TO]
MASTER BALACHANDAR KRISHNAN VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-642] [REFERRED TO]


JUDGEMENT

Sarkar, J. - (1.)The petitioner is a co-operative society duly registered and it carries on the business of playing motor buses as stage carriages on the public highways in the State of Bombay. Its case in this petition is that it has been deprived of its right to carry on this business and has also been subjected to discriminatory treatment in the matter of the grant of permits to run its buses. It complains of the infringement of its fundamental rights under Arts. 19 (1) (g) and 14 of the Constitution.
(2.)The questions raised in this matter turn on some of the provisions of the Motor Vehicles Act, 1939, as amended by Act 100 of 1956. These provisions have to be examined before proceeding to discuss the mined before proceeding to discuss the question that arise. We are concerned only with Chapters IV and IVA of the Act Chapter IV comprises Ss. 42 to 68 and Chapter IVA, which was in its entirety introduced by the amending Act, consists of Ss. 68A to 68-I.
(3.)Taking Chapter IV first, we find that S. 42 (1) provides that no owner of a transport vehicle shall use or permit the use of the vehicle in any public place save in accordance with the conditions of a permit granted under the Act. A "transport vehicle" is defined in S. 2 (33) as a public service vehicle or a goods vehicle. Clause (a) of sub-sec. (3) of S. 42 as it originally stood provide that sub-sec. (1) of that section would not apply to any transport vehicle owned by or on behalf of the Central Government or a State Government other than a vehicle used in connection with the business of a railway. So under it the Government could ply stage carriages on the public highways without having to obtain permits in respect of them. The amending Act of 1956 substituted a new clause (a) in S .42 (3) for the old clause. The new cl. (a) provides that sub-sec. (1) shall not apply to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise. Since the amendment therefore, the Government cannot run state carriages on the public highways without a permit, just as a private owner of stage carriages cannot do because such use of the vehicles will not be for a purpose unconnected with a commercial enterprise. Section 44 authorises a State Government to constitute a State Transport Authority and Regional Transport Authorities for different areas in that State to carry out the duties specified. Section 45 provides that every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle. Section 47 specifies the matters to which a Regional Transport Authority shall have regard in considering an application for the grant of a permit.
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