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2023 Supreme(Raj) 1316

AUGUSTINE GEORGE MASIH, SAMEER JAIN
Jaipur Purchoon Transport Union – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sanjay Mehrish, Mr. Ishwar Jain
For the Respondent: Mr. Ganesh Parihar, Mr. Sameer Sharma

ORDER :

1. The present petition is filed with the following prayers:-

    “i) by an appropriate, writ order or direction the notification dated 27/07/2022, and the Scheme framed by the State Government, called The Rajasthan Transportation of Merchandise Goods in Stage Carriage and Contract Carriage Buses Scheme, 2022 (Annex. 1) be quashed and set aside and declared ultra-vires the provisions of Motor Vehicle Act, 1988.

ii. declared that Government has no power/authority conferred by Sub Section 3 of Section 67 of the Motor Vehicle Act, 1988 for making Scheme 2022 for Transportation of Merchandise Goods in Stage Carriage And Contract Carriages Buses.

iii) Any other relief which the Hon’ble Court considers appropriate in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.

iv) Cost of the petition be awarded in favour of the petitioner.”

2. At the outset, it is noted that the instant petition is preferred by the elected president of the petitioner no.1-Jaipur Purchoon Transport Union, whose main objective is to protect and promote the interest(s) of the member transporters and represent their cause to the Government, if and when the need so arises.

3. It i

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