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SUPREME COURT OF INDIA

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PETITIONER:

S.K. BHATIA & OTHERS

Vs.

RESPONDENT:

STATE OF U.P. & OTHERS.

DATE OF JUDGMENT12/08/1983

BENCH:

REDDY, O. CHINNAPPA (J)

BENCH:

REDDY, O. CHINNAPPA (J)

DESAI, D.A.

CITATION:

1983 AIR 988 1983 SCR (3) 595

1983 SCC (4) 194 1983 SCALE (2)95

ACT:

Motor Vehicles Act, 1939-condition fn a permit as to

age of mini buses-whether infringes Article 14 of the

Constitution.

U. P. Motor Vehicles (Special Provisions) Act 1976’

section 4-scope of.

HEADNOTE:

A condition that the motor vehicle covered by the

permit shall not be more than four years old, counted from

the date of registration to any time during the validity of

the permit is attached to every permit for plying a mini

bus. The petitioners contended (i) that this condition

amounted to an infringement of Article 14 of the

Constitution in that no such condition was attached in the

case of omnibuses and (ii) that the authority competent to

impose the condition was the authority constituted under the

U. P. Act and not tho Regional Transport Authority.

Dismissing the petitions