JUDGMENT

The petitioner, who is the registered owner of a contract carriage vehicle (HMPV) bearing Registration No.KL+07/BG-606 covered by Ext.P1 certificate of registration, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to consider Ext.P2 request dated 14.08.2018 for alteration of the class of the said vehicle, which is a 2007 model vehicle with seating capacity of 50 in all, with date of registration 10.09.2007, as 'stage carriage' from 'contract carriage', without insisting for the compliance of Bus Body Code.

2. On 26.09.2018, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

3. Heard the learned counsel for the petitioner and also the learned Special Government Pleader appearing for the respondent.

4. The issue raised in this writ petition is as to the applicability of Bus Body Code prescribed under Rule 125C of the Central Motor Vehicle Rules, 1989 (for brevity 'CMV Rules'), while seeking alteration of class of vehicle. The fact that the vehicle in question was originally registered as 'contract carriage' prior to the introduction of