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1990 Supreme(Kar) 508

K.A.SWAMI
MOHAMMED ILLY – Appellant
Versus
UNION OF INDIA – Respondent


K. A. SWAMI, J.

( 1 ) IN all these petitions under Articles 226 and 227 of the constitution, the petitioners-operators of the tourist vehicles or stage carriages have sought for a declaration that the Provisions of Section 200 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the act') and Rule 259 (2) of the Karnataka Motor Vehicles Rules, 1989 (hereinafter referred to as 'the rules') are violative of Articles 14 and 19 (l) (g) of the Constitution and to strike down the same. The petitioners-the operators of the tourist vehicles have also sought for a declaration that the operation of the tourist vehicles under valid tourist permits for country-wide operation between one terminus in home state and another terminus in another state are not liable to be seized and detained on the basis of entry 16 of the notification bearing No. Ftd 18 tmr 85, dated 13-11-1986 on the sole ground that the said tourist vehicles are operated as non-stop stage carriages between any two points and carry individual passengers. They have also sought for quashing the entry Nos. 16 and 64 contained in the notification bearing No. Ftd 18 tmr 85, dated 13-11-1986 issued by the state government the op








































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