JUDGMENT

Bhan, J.-State of Andhra Pradesh & Others have filed these appeals challenging the impugned judgment passed by a Division Bench of Andhra Pradesh High Court wherein it has struck down Rules 297-A(1)(c) and 297-A(6)(f) of The Andhra Pradesh Motor Vehicles Rules, 1989 (for short the State Rules ) being ultra vires the provisions of The Motor Vehicles Act, 1988 (hereinafter referred to as the Act ) and Article 19(1)(g) of the Constitution of India. The Division Bench has also held that the rules framed by the State Government under sections 95 and 96 of the Act and the further conditions prescribed in section 74 of the Act are not applicable to all-India tourist permit vehicles.

2. Original writ petitioners, respondents herein, are either the holders of contract carriage permits granted under Section 74 of the Act or holders of all-India tourist permits granted under Section 88 of the Act. The checking officials seized and detained the vehicles being of the opinion that the vehicles were being used as Stage Carriages. This action of the authorities was challenged by the respondents by filing a set of writ petitions which were disposed of by a Division Bench on 12th September,