Andhra Pradesh High Court
Mini Taxi Owners and Drivers Association - Appellant
Versus
State OF A.P. - Respondent
Decided On : 02-14-01
Held : It is the jurisdiction of the State Government and the State Transport Authority to take action under Section 67 or 86 of the Motor Vehicles Act, 1988 either to prevent, suspend or cancel the permits granted to the Transport Vehicles and the Commissioner of Police has no power or any manner of jurisdiction to prohibit the movement of the vehicles in the twin cities of Hyderabad and Secunderabad, but he got the power only to regulate the traffic of all kinds, in public street or public places, and regulating the use of streets and public places by persons walking, driving, cycling or accompanying or leading cattle, with a view to prevent danger, inconvenience or obstruction to the public.
As stated above, it is for the Government of Andhra Pradesh and A. P. State Transport Authority, under Section 86 of the Motor Vehicles Act, 1988 to take action if the permit holders violate terms and conditions of the permits granted to them for plying the vehicles i. e. to say if these motor cab owners operators pick up the passengers in excess of the seating capacity or if they halt their motor cabs in bus bays or causing obstruction in smooth flow of traffic or if they use the contract carriage as a stage carrier, or involving in more motor accidents.
( 1 ) AS the issue involved in all these writ petitions is one and the same, they are being disposed of by this common judgment.
( 2 ) W. P. Nos. 511 and 539 of 2001 were filed by the Mini Taxi Owners and Drivers Association, while W. P. No. 676 of 2001 was filed by Sri. K. Yadagiri, questioning the impugned notification bearing No. Tr. T4/211/2001 dated 15-1-2001 issued by the Commissioner of Police, Hyderabad under the City Police Act, 1348 Fasli being arbitrary, irrational and outside the scope and ambit of S. 21 of the Hyderabad City Police Act, by which the Commissioner of Police has notified for information of the public in general and the 7 seater auto operators in particular, that the following restrictions are imposed on the movement of the 7 seater auto rickshaws for the maintenance of safe and free flow of traffic, prevention of danger, obstruction and inconvenience to the public, that the movement of 7 seater auto rickshaws is prohibited in the twin cities of Hyderabad and Secunderabad for all the 24 hours and they should not enter the City beyond the following areas : (1) Lunger House (2) Toli chowki (3) Moghal Ka Nala (4) Tadban (Bangalore Road, NH-7, (5) Raidurg Centre, (6) Chandrayangutta X Roads, (7) Rajiv Gandhi Statue, Dilsukh Nagar (8) Habsiguda X Roads, (9) Lothkunta, (10) Erragadda X Roads (11) Old Airport Bowenpally/bowenpally Checkpost, (12) Bollaram X Roads and (13) TV Station Ramanthapur. It further reads that the notification will not affect carriers involved in essential services declared by the Government from time to time and the notification will come into force with immediate (effect) from 16-1-2001. The petitioners also sought a direction to declare the same as unenforceable and be pleased to pass such other orders which are deemed fit and proper in the circumstances of the case.
( 3 ) THE petitioner No. 1 is the Union of Seven Seater Auto Rickshaw, which are popularly known as Mini-Door Auto Rickshaws, manufactured by M/s. Bajaj Tempo Limited, Pune and some of them are also manufactured by M/s. Scooters India Limited and also by M/s. Sunku Diesel Limited, but majority of the vehicles used in the city are of Bajaj Tempo make. It is submitted that some of the petitioners are owners of the said vehicles having valid registration and having paid taxes under the Motor Vehicles Taxation Act to the satisfaction of the Road Transport Authority and the Road Transport Authority has granted fitness certificates to all the vehicles and then only the Registration is effected. It is also submitted that out of a total vehicle population of about ten lakhs, in Hyderabad city, the seven seater auto rickshaws are hardly about 2000 and 3 + 1 seater auto rickshaw are more than 75000. The petitioners have filed xerox copies of the RC Book, Xerox copy of the permit, issued by the Secretary, Transport Authority, Hyderabad, granting permit for the vehicles to ply on all motorable routes in the State of Andhra Pradesh, except prohibited areas. It is further submitted that the Transport Commissioner, Hyderabad, issued Circular No. 9456/d1/96 dated 25-6-1996 to all the Registering Authorities of the State giving specifications of the vehicles and requesting them to register the above model vehicles as motor Cab . It is emphasized by the petitioners that the above circular, issued by the Commissioner, Transport, shows the roadworthiness and confirmation of the vehicles and are being plied throughout the country including the city of Hyderabad for the last several years. The petitioners have also filed xerox copy of the certificate issued by the Automobile Research Association of India dated 1-12-1997, stating that the vehicles conform to the provisions of the Motor Vehicles Act as well as the Central Motor Vehicles Rules with regard to the vehicles manufactured by M/s. Bajaj Tempo Limited, which is described as Tempo Three Wheeler Mini Door (6 + D ). Thus, after satisfying with the roadworthiness an
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