- (1.) This appeal under Article 132 (1) of the Constitution of India is directed against a judgment of the High Court of Calcutta (H.K. Bose J.) dated the 9th January 1953, dismissing an application under Article 226 of the Constitution.
(2.) The facts giving rise to the appeal are these : By a notification dated 13th May 1952 the Regional Transport Authority, Calcutta Region, invited applications from persons who had licences for driving motor mechanism, for the issue of permits for small motor taxi cabs of not below 10 H.P. and not above 19 H.P. The said notification also invited representations against the issue of such permits. A number of associations and persons including the Calcutta Taxi Association and the Bengal Taxi association, accordingly made representations objecting to the issue of such permits. These objection were heard by the Regional Transport Authority on 5th July 1952 and were ultimately rejected on 21st August 1952 and 48 permits for small taxis were issued.
(3.) Since the coming into force of the Motor Vehicles Act in the year 1940 taxis plying in the streets of Calcutta were required to be of not below 22 H. P. and not above 30 H. P. Rule 179 of the Bengal Motor Vehicles Rules prescribed the tariff for all such taxis. This rule was in these terms :- "A single tariff shall be charged at the rate of two annas for every quarter of a mile. Minimum charge shall be eight annas. The tariff shall be in force right and day within the following boundaries .........". In the year 1944 in view of the rise in the prices of motor parts, tyres, accessories, oil lubricants, petrol etc. Rule 179 was amended and the amended rule reads as follows : "A minimum charge of one rupee for the first mile or part thereof and annas two for every one-sixth of each subsequent mile. Waiting charges Re. 1-14-0 per hour or annas 2 for every 4 minutes. All charges to be shown on the meter. Cabs returning empty to be paid annas 4 per mile up to the boundary." This increased rate of tariff was maintained by a further notification issued on 13th January 1951;