Wanchoo, C.J.—Three writ applications were filed by the Automobile Transport (Raj.) Ltd., (No. 400), The Rajasthan Roadways Ltd., (401), and Framji C. Framji and others (402), and in each of them the validity of the Rajasthan Motor Vehicles Taxation Act (No. XI) of 1951 was challenged. The three cases came before a Division Bench of this Court which has referred the following question to a Full Bench—

Whether secs. 4 and 11 of the Rajasthan Motor Vehicles Taxation Act, 1951 do not infringe the rights of freedom of trade, commerce or intercourse guaranteed under Art. 301 of the Constitution ?

2. The facts of the case may be briefly narrated in order to understand the point raised by the three applicants—

3. The applicants carry on the business of plying stage carriages, and all three of them have their head offices in what was the former State of Ajmer. All three of them ply vehicles on Nasirabad—Deoli Road, while the Automobile Transport (Raj.) Ltd., also ply motor vehicles between Ajmer and Kishangarh for which they held permits from the former State of Ajmer. The road from Nasirabad to Deoli was mainly in the former State of Ajmer, but for some distance it passed through the State o

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