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Judgment
H.G. Ramesh, J.(Oral) - These appeals by the State are directed against the order dated December 12, 2014 passed by a learned single Judge of this Court in W.P. Nos. 106507-106509/2014. By the impugned order, the learned single Judge has held that the Regional Transport Authority''s decision dated 13.09.2013 prohibiting grant of contract carriage permits in Gadag district to all newly registered three wheelers having a rear overhang exceeding 450 mm is illegal as the power to impose such a prohibition cannot be traced to any provision of law.
We asked the Additional Government Advocate appearing for the appellants to trace the power of Regional Transport Authority to impose the aforesaid prohibition to any provision of law. The AGA referred to clause (xiii) of sub-section (2) of Section 74 of the Motor Vehicles Act, 1988 (''the Act'').
We extract herein below the provision referred to by the AGA and also the definition of ''prescribed'' given in Section 2(32) of the Act:
Sec.74. Grant of contract carriage permit. - (1)
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(2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:-
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(xiii) any other conditions which may be prescribed.
Sec.2. Definitions. - xxxxxxxx
(32) "prescribed" means prescribed by rules made under this Act;
(emphasis supplied)
Section 74(2)(xiii) of the Act empowers the Regional Transport Authority to attach to the permit any conditions prescribed by rules made under the Act. It does not empower the Regional Transport Authority to prohibit grant of permits to newly registered motor vehicles. Learned AGA could not refer to any rule under the Act empowering the Regional Transport Authority to prohibit grant of contract carriage permit to a motor vehicle having a rear overhang exceeding 450 mm. Hence, reliance on Section 74(2)(xiii) of the Act by the AGA is inappropriate. No ground is made out to interfere with the order of the learned single Judge. The writ appeals ire accordingly dismissed.
Appeals dismissed.