J.K.Tandon, J. - (1.) These are two separate petitions Nos. 3089 of 1957 and 3090 of 1957, the former by Messrs Prakash Chandra Vishnu Kumar and the latter by Messrs Puran Mal Prabhat Ranjan, both doing business in food grains and other articles at Kothdwara in district Garhwal. Similar questions have been raised in both the petitions. They have therefore been heard together.
(2.) The facts in petition No. 3089 of 1957 are that a permanent private carrier permit No. 40 was granted to the concerned petitioner for a transport vehicle No. U. P. Y. 574 on 7-9-1955. It is valid upto 6-9-1958. In the permit that was granted to this petitioner under the Motor Vehicles Act two conditions amongst others were provided, firstly, with regard to the nature of the goods to be carried by him in the vehicle and, secondly, with regard to the maintaining of log book showing the journey etc. performed by the vehicle. The condition about the carrying of goods read as follows: "for carriage of food grains, flour, edible oils, salt, sugar, gur Ilaichidana, dals, Biri and matches on up journey, on return journey to bring empty used bardana and empty used tins of his own." It was also provided in another condition that the permit holder shall not carry restricted commodities without permit.
(3.) In the case of the other petition No. 3090 of 1957 a similar permanent private carrier permit No. 64 was granted to the petitioner on 24-6-1957 to be valid upto 23-6-1962 for vehicle No. U.P.Y. 619. In the relevant permit once again condition No. 6 laid down the nature of goods to be carried in the vehicle while condition No. 8 made provision for maintenance by the permit holder of a log book and for submission of periodical returns to the transport authority. There was again provision in another condition incorporated in the permit that the permit holder shall not carry restricted goods without permit.;