1. - Counsel submits that Clause 4(xi) of the statutory notification dated 12.9.08, issued by respondent authorities in exercise of powers under section 88(5) of the Motor Vehicles Act,1988, is in violation of Rule 5.10 of the Rajasthan Motor Vehicles Rules,1990. Counsel further submits that the said condition could not have been imposed upon the permit holders who are plying the vehicles holding a valid permit on inter-state route Pilani to Luharu which is valid up to 2012.

2. The relevant condition contained in Clause 4(xi) of the notification dated 12.9.08 reads as under:-

"(xi) No vehicle covered by any permit shall be older than ten years from the date of its initial registration."

3. In the opinion of this Court, the submission made is without substance for the reason that notification impugned in the instant petition has been issued in exercise of its statutory powers under section 88(5) of the Act and the rules,1990 of State Government will not supersede the statutory notification issued by the Government, impugned herein.

4. Counsel alternatively submits that the petitioner is presently plying the vehicle of 1991 model under the valid permit and he may be granted some time to ply the vehicle under the permit issued to him while complying with the condition contained in clause 4(xi) which the petitioner has impugned in the instant petition.

5. This submission appears to be justified and this Court considers it appropriate that the respondent may permit the petitioner to ply the vehicle in reference to permit which he is holding at present, complying with the condition contained in Clause 4(xi) within two months from today, failing which the respondent will be at liberty to initiate action against the petitioner in accordance with law.

6. With these directions/observations, the present petition stands disposed of.Petition dismissed of.

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