JUDGMENT - (1) In this petition a union of Auto-rickshaw owners and an auto-rickshaw driver challenge the orders dated 27th June 1965, 14th July 1965, and 5th November, 1965. passed by the Director of Transport, the respondent No. 1 compelling the petitioner No. 2 and other auto-rickshaw owners and drivers to affix taxi meters to their auto-rickshaws plying in Poona City. The original notification under which these subsequent orders were issued was published in the Maharashtra Government Gazette, Poone Division, Part I, dated 21st October, 1965, notification No. 4735/5-O/fare meter/POR at page 1392 of the Gazette. That was a general notification under rule 129 (1) of the Bombay Motor Vehicles Rules, 1959, notifying that no contract carriage permits to ply auto-rickshaws for hire or reward within the Cities of Poona, Kolhapur, Sholapur, Karad Miraj and Sangli and the environs thereof, shall be granted unless such auto-rickshaws are fitted with an approved type of fare meter. Curiously enough the petitioners do not challenge this notification but merely the subsequent orders issued implementing this notification.

(2) Three points have been raised by Mr. Adik on behalf of the petitione

Click Here to Read the rest of this document