Tandon, J. - (1.) This is a petition under Article 226 of the Constitution on behalf of one Sardar Iqbal Singh. The petitioner claims to possess seven licences granted to him by the Gram Sabha of village Rup Pur Khadra for plying of rickshaws on hire. Out of these, licences, five bear numbers 22, 23, 25, 132 and 175. Village Rup Pur Khadra is admittedly situate on the borders of the Lucknow Municipality, very close to Islamia College Hostel, besides some other spots of the town of Lucknow. The said licences were, according to the petitioner granted to him by the Gram Sabha of the said village in accordance with Sec. 37 (d) (ii) of the U.P. Panchayat Raj Act read with Rules 222 and 223 of the rules framed under that Act. His complaint was that the Municipal Board, Lucknow, through its servants, impounded the aforementioned five rickshaw's on the 20th and 24th of August, 1957, while these were carrying passengers from Rup Pur Khadra to destinations within the Municipal limits of Lucknow. According to him the hiring of the rickshaws was done at Rup Pur Khadra.
(2.) The Lucknow Municipal Board has, in pursuance of Sec. 298 (2), List I-H (c) and (d), made several bye-laws for the regulation and control of rickshaws plying for hire or kept for private use within the Municipal limits of Lucknow. Bye-law 2 provides that no person shall ply for hire or use for private purposes a cycle or a hand-drawn rickshaw within the limits of the Lucknow Municipality except under a licence granted by the Executive Officer of the Board on payment of certain fees. Bye-law 4 provides that no person shall act as a driver or shall employ a driver unless he holds a valid licence granted by Executive Officer on Form No. 12 on payment of a licence fee of Rs. 3/- per annum. Thus under bye-law 2, the Board issues licences for rickshaws, while under bye-law 4, the driver of a rickshaw had also to obtain a licence before he could drive it within the Municipal limits. Reference may also be made here to bye-law 20 which authorises the Board's officials to require any rickshaw-driver committing a breach of the bye-laws to accompany him to the Municipal officer for action to be taken against him, including suspension of his licence. Bye-law 22 says that where a licence is suspended, the licencee shall deliver the rickshaw to the Executive Officer or any officer appointed by the Board and thereupon such officer shall keep the vehicle during the period of suspension at such place as may, from time to time, be fixed by the Executive Officer and for which a fee at the rate of Rs. 1/- per day shall be chargeable.
(3.) The petitioner has by this petition challenged the right of the Board to impound rickshaws, his further contention was that he had a right to bring his rickshaws within the Municipal limits in the course of carrying and dropping at their destination the passengers who had boarded his rickshaws at Rup Pur Khadra. He claims that he has a constitutional right to pass and repass with his rickshaws through the public streets within the Lucknow Municipality and he relied for this on subclauses (d) and (g) of clause (1) of Article 19 of the Constitution. He further alleged that no less than 450 rickshaws, under licences issued by the Cantonment Board, Lucknow, had been allowed by the Municipal Board to pass and repass through the streets within the Lucknow Municipality without any hindrance or being subjected to impounding, so that its action in allowing rickshaws licensed by the Cantonment Board and not allowing rickshaws licensed by the Gram Sabha was discriminatory and therefore, in contravention of Article 14 of the Constitution. The relief asked for by the petitioner was this:- "A writ of mandamus and prohibition or such other writ or order may be issued against the Municipal Board, Lucknow, requiring it to forbear from impounding the rickshaws passing or repassing the Municipal limits of Lucknow for the convenience of the residents belonging to the Gram Sabha Rup Pur Khadra and to release those already impounded by it.";