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1989 Supreme(Kar) 425

M.P.CHANDRAKANTARAJ
P. N. NARASIMHA MURTHY – Appellant
Versus
REGIONAL TRANSPORT OFFICER AND LICENSING AUTHORITY FOR GRANT OF DRIVING SCHOOL LICENCE – Respondent


Advocates:
P.S.Manjunath

CHANDRAKANTHARAJ URS, J.

( 1 ) PETITIONER is a resident of Tumkur and the owner of Bhagyalakshmi Motor Service. He claims that he is interested in ensuring that the first respondent-Regional Transport officer satisfies himself as to the merits of the second-respondent the applicant for starting a driving licence under the Indian Motor vehicles Act and therefore, he has approached this Court for a direction that the first respondent may be restrained from granting the said driving school licence to the second respondent inter alia on the ground that he has placed sufficient material before the first respondent which would dis-entitle the second respondent from getting the necessary licence to start a driving school.

( 2 ) THE licensing and regulation of schoolsor establishments for imparting instruction in driving of motor vehicles is controlled by section 12 of the Motor Vehicles Act, 1988. Rule 24 of the Central Motor Vehicles rules, 1989 provides for the licensing authority to have regard to the applicant and staff working under him who are of good character and are qualified to give driving instructions, the premises where the school is proposed to be commenced is either held by






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