CAV JUDGMENT

Date : 26-11-2024

1. The Writ petition is filed for quashing the notification issued vide Memo No. 8145 dated 06.11.2019 (Annexure-3) under the signature of the Secretary, Transport Department, Government of Bihar whereby in exercise of power under Section 115 of Motor Vehicle Act, 1988 in the interest of public safety and convenience, all the commercial vehicles more than 15 years old have been restrained to ply in the area of Patna Municipal Corporation, Danapur Nagar Parishad, Khagaul Nagar Parishad and Phulwarisharif Nagar Parishad. Further, commanding the respondents not to give effect the notification dated 16.11.2019, because the same is in the teeth of Section 59 of the Motor Vehicle Act, 1988 which give such power to Central Government to fix the age limit of motor vehicle.

2. The brief facts of the case is that the petitioners are the owners of different transport vehicles, for which they hold valid permits and they are plying the said vehicles within the Patna Municipal Area. They are aggrieved by the impugned notification dated 06.11.2019 (Annexure-3) issued under the signature of the Secretary, Transport Department, Government of Bihar by which, it has been