- (1.) This writ petition has been filed for quashing the permit condition No. 5)(2) providing that Auto Rickshaw being plied within the Municipal Limits of Bikaner must be plied by permit holder himself.
(2.) The writ petition has been filed by the registered Union of Auto Rickshaw owners/drivers to quash the condition on the permit of plying the auto-rickshaw only by the permit holder by the respondent authorities on the ground that the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act, 1988') puts an embargo only that a owner or person in-charge of the vehicle shall not drive the vehicle in any public place without having any effective driving licence. The condition imposed to the respondent authorities in the present case is without competence and contrary to the statutory provisions.
(3.) Shri Vyas, learned counsel for the petitioner has submitted that the said condition is arbitrary and unreasonable. Moreso, discriminatory as such a condition has not been put by the transport authorities while granting the permits under the Motor Vehicles Act, 1988 for stage carriage permit or for goods vehicles or for contract carriage permit. Even for having the national permits such a condition has not been imposed. Thus, putting such a condition only for the purpose of granting permit to Auto Rickshaw is not only discriminatory but arbitrary also. Moreso, there was a statutory provision of Motor Vehicles Act, 1988 providing that a person cannot have more than 5 permits of the vehicles which has subsequently been withdrawn. For Buses and goods vehicles thus there is no upper limit of permits, a person can have but putting such a condition impliedly or indirectly comes to that a person cannot have the permit of more than one Auto Rickshaw which indirectly becomes discriminatory for persons of lower income group who cannot afford to have the permit of buses etc., therefore, this condition is liable to be struck down.;