THANGJAM IBOMCHA SINGH Vs. STATE OF MANIPUR, THROUGH THE COMMISSIONER/SECRETARY CO-OPERATION

JUDGEMENT

(1.) HEARD Mr.Kh.Tarunkumar, learned counsel for the petitioners and also Mr.M.Hemchandra, learned counsel for respondent No.5 as well as Mr.Jagat, learned GA appearing for respondent Nos.1 to 4.

(2.) THE writ petitioners (five in numbers) are the owners of vehicles (Tata Wingers). The respondent Nos.1 to 4 are keeping the applications, filed by the writ petitioners for contract carriage permit or for extension of the terms of the Contract Carriage Permit (temporary) for plying their vehicles in the route Imphal -Pallel Via BSR, for an indefinite period for amongst other reasons that (1) the plying of the vehicles (Tata Wingers) of the petitioners in the route i.e. Imphal -Pallel and vice versa is objected by the members of respondent No.5 (Indo Burma Sugnu Road Bus Owners Welfare Association) having only two buses plying in the said route, (2) amicable settlement has not yet reached between the petitioners on one side and members of respondent No.5 on the other side regarding plying of vehicles of the petitioners in the said route, (3) the State respondents are yet to finalise the decision regarding plying of vehicles of the petitioners in the said route. Being aggrieved by the said inactions on the part of the respondents i.e. respondent Nos.1 to 4 in finalizing the applications filed by the petitioners for contract carriage permit, the petitioners approached this court for a direction to the State respondents to extend the terms of the contract carriage permits (temporary) issued in favour of the petitioners for plying their vehicles in the said route, i.e. from Pallel to Imphal and vice -versa or grant contract carriage permit for the said vehicles of the petitioners and/or any other appropriate direction which this court deem fit and proper.

(3.) UNDER Section 66 of the Motor Vehicles Act, 1988, no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by the authority. Therefore, owner of the vehicle without necessary permits under Section 66 of the Motor Vehicles Act cannot use the vehicle as transport vehicle. Under Section 73 of the Motor Vehicles Act, 1988 application for permit in respect of a 'contract carriage' should contain the particulars mentioned in the Section itself, i.e. Section 73. The authority under Section 74 of the Motor Vehicles Act, 1988 may grant contract carriage permit subject to the limit of the number of contract carriage permits fixed by the State Transport authority and regional authority as directed by the State Government under Section 74(3) of the Motor Vehicles Act. Further, Sub Section (1) of Section 74 clearly provides that the authority concerned may grant a contract carriage permit as it deems fit or refuse to grant such permit. Under Sub Section (2) of Section 74 of the Motor Vehicles Act, authority can issue permit in one or more of the conditions mentioned in the sub -section itself, i.e. sub -section (2) of Section 74 of the Motor Vehicles Act. For easy reference, Sections 73 and 74 of the Motor Vehicles Act, 1988 are quoted hereunder.