( 1 ) IN this writ petition, which is in the nature of a public interest litigation, the petitioner has inter alia prayed for the following reliefs :-

" (I) Issue a Writ or direction by way of a Writ of mandamus directing the respondents to implement and enforce the presented rates of fare on the stage carriages. (ii) Issue a Writ or direction in the nature of certiorari on the working of stabs on so called fare stages choosen by the Respondent No. 3 and after examining the same quash the impugned slabs in the public interest. (iii) Issue a Writ of direction in the nature of Writ of prohibition, thereby restraining the Respondent no. 3 and other stage carriers from overcharging its passengers. (iv ). Issue any appropriate Writ or direction directing the respondents to ensure the display of Table of fare in all the stage carriages invariably. (v) Pass such other order or orders us may be deemed fit and proper in the facts and circumstances of the case which arc in the interest of poor passengers in stage carriages and to meet the ends of justice. (vi) Allow the present writ petition with costs. "

( 2 ) THE contention of the petitioner is that the respondent No. 3, i. e. , Delhi Transport Corporation ( in short, dtc ) had been realizing fare in violation of the provisions of the Motor vehicles Act, 1988 (hereinafter for the sake of brevity referred to as, the said Act ) and the Rules framed thereunder. According to the petitioner, the respondent No. 1 has overtly or covertly permitted the permit holders to charge whatever fare they could extract from the passengers at their whims. It has further been submitted that certain special categories of buses are allegedly being run and the passengers are being charged at a flat rate of Rs. 10/ If is alleged that private operators of DTC had discontinued Rs. 2/- altogether and bifurcated their long routes into smaller routes, as a result whereof the passengers are being forced to purchase the ticket twice or thrice for the single journey.

( 3 ) THE respondents in their counter affidavit has inter alia denied and disputed the said allegations.

( 4 ) THE Parliament enacted the Motor Vehicles Act, 1988 to consolidate and amend the law relating to motor vehicles.

( 5 ) SECTION 67 (1) (i) of the said Act reads as foitows :-

67. Power to State Government to control road transport. (1) A State Government, having regard to - (a) the advantages offered to the public, trade and industry by the development of motor transport, (b) the desirability of co-ordinating road and rail transport, (c) the desirability of preventing the deterioration of the road system, and (d) the desirability of preventing uneconomic competition among holders of permits. may, from time to time, by notification in the official Gazette, issue directions both to the state Transport Authority and Regionat transport Authority (i) regarding the fixing of fares and freights (including the maximum and minimum in respect thereof) for stage carriages, contract carriages and goods carriages: provided that the fares and freights in respect of such stage carriages, contract carriages and goods carriages operated by battery, compressed natural gas or solar energy shall be fixed by the owner or operator;

( 6 ) HOWEVER, the Government of Nationat Capital Territory of delhi (in short, govt. of NOT of Dcthi ) in exercise of its powers conferred upon it under Sections 28, 38, 65, 95, 96, 107, 111, 138, 176, 211 and 213 read whh clause (41) of section 2 of the said Act framed rules known as Delhi Motor vehicles Rules, 1993 (in short, the said Rules ).

( 7 ) RULE 58 Delhi Motor vehicles Rules, 1993of the said Rules reads thus : - 58. Route Plan and Fare Table :

EVERY stage carriage, which has been allotted specified route, shall carry route plan duly attested by the Secretary of the State transport Authority showing the place of origin, termination via and detailed route it has to follow. The detailed route plans shall he exhibited