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1995 Supreme(AP) 1022

B.S.RAIKOTE, V.BHASKARA RAO
B. Noorulla Khan – Appellant
Versus
Government of India, Ministry of Transport, surface Transport Department, rep. by its secretary, New Delhi – Respondent


( 1 ) THIS batch of writ Petitions is filed by All India Tourist and Contract carriage permit holders questioning the constitutional validity of rules 185 (e) (v), 297-A (6) (f) (iii), 297-A (l) (c), and Rule 297-A (2) (b) read with 297-A (6) (b) (i) of the Andhra Pradesh Motor Vehicles Rules, 1989 and to declare them as ultra vires the Constitution of India and the provisions of the Motor vehicles Act, 1988.

( 2 ) THE facts of the case are that the petitioners are All India permit holders granted under Sec. 88 (9) of the Motor Vehicles Act, 1988 and the contract carriage permit holders granted permits under Section 74 of the Motor Vehicles act, 1988. It is the case of the petitioners that the rules framed by the government of Andhra Pradesh under Sections 95 and 96 of the M. V. Act, 1988 are not applicable to the All India Tourist permit holders as the rules framed by the Central Government by virtue of the power conferred under Section 88 (14) of the M. V. Act 1988 (hereinafter called the act ) and the conditions of permit as envisaged under Section 88 (11) of the Act are applicable. Hence it is contended that when once the rules framed by the Central Government hold the field,






















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