Sri Sai Educational Society v. Union of India
Case at a glance
Outcome
Dismissed
Accordingly, the writ petitions are dismissed granting liberty to the
Provisions considered
- Motor Vehicles Act, 1988 ss. 110, 112(1)
Judgment
HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION Nos.1291,1406,1411,1479,1530, 2080,2905,5887,7972,8023,8141,8844,9418,9483,9560, 9675,9872,9981,10111, 10189,10339,10365,10462, 10466,10495,10500,10512, 10582,10830,10859,10860, 10876,10891,10906,10923, 10928,10929,10990,11123, 11291,11344,11396,11400, 11406,11408,11444,11481, 11528,11535,11572,11586, 11814,11838,11885,11886, 11946,11989,12036,12042, 12077,12125,12133,12209, 12269,12285,12307,12418,12536,12560,12818,12861, 12969,12986,12998,13036,13282,13331,13381,13430, 13515,13624,13639,13741,13783,13964,14001,14330, 14365,14509,14906,15155,15193,15432,15501,15525, 15648,16556 AND 16921 OF 2009 COMMON JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) These batch of writ petitions are filed to declare Rule 118 of the Central Motor Vehicle Rules, 1989 as ultra vires of the provisions of Section 110 of the Motor Vehicles Act, 1988 and to declare the notification in G.O.Ms.No.362, Transport Roads & Buildings (Tr.1) Department, dated 28.12.2007 issued by the State of Andhra Pradesh as illegal, contrary to law and to declare the circular Memo No.18/1751/R1/2008, dated 23.12.2008 issued by the Transport Commissioner as unconstitutional and consequently set aside the same.
The main grievance of the writ petitioners appears to be that under the guise of the powers to notify the date for implementation of the notification, the Transport Commissioner issued the impugned circular deciding to implement the orders of the Government issued in G.O.Ms.No.362, dated 28.12.2007 for installation of speed governors in the category of the Educational Institutions alone and further directing that the educational institution vehicles shall be fitted with speed governors on or before 26.1.2009 with speed limiting to 40 KMPH and after 26.1.2009 and with a further direction that no fitness certificate shall be issued or renewed in respect of educational institution vehicles unless the speed governors of approved type is installed and sealed by the concerned Motor Vehicle Inspectors of the respective jurisdiction, which is illegal and arbitrary. This Court by way of interim order, dated 29.1.2009 suspended the operation of the impugned circular, dated 23.12.2008 making it clear that it is open to the respondents to implement G.O.Ms.No.362, dated 28.12.2007 with effect from 26.1.2009 in respect of all the petitioners-educational institutions at the time of issue/renewal of permits with a further liberty to the respondents to extend it to all categories of vehicles as per the notification pending further orders.
While so, the Government through G.O.Ms.No.151, Transport, Roads & Buildings (TR.I) Department, dated 14.7.2009 issued a notification in supercession to the earlier notification issued in G.O.Ms.No.362, dated 28.12.2007 limiting the maximum speed to the transport vehicles prescribed in the notification issued by Government of India in their notification in S.O.425(E), dated 19.6.1989 issued under Section 112(1) of Motor Vehicles Act, 1989 as under: (a) In respect of all Transport Passenger Vehicles other than Three Wheelers, the Speed Governors shall be installed and sealed at the time of issue or renewal of fitness certificates; (b) In respect of Educational Institutions Vehicles, the speed governors shall be fixed to limit the speed of Education institution Buses to 50 KMPH; (c) In respect of all Goods Carriages other than three wheeler/five wheeler, Light goods vehicles, the Speed Governors shall be installed and sealed at the time of issue or renewal of permits.
Operative part
By virtue of the G.O.Ms.No.151, dated 14.7.2009 inasmuch as it has been decided that the speed governors have to be installed and sealed at the time of issue of the renewal of fitness certificates, renewal of permits and the impugned G.O. has not been implemented forthwith, Sri P.Venkata Rao, learned counsel appearing for some of the writ petitioners submits that no cause survives for adjudication in all the writ petitions since the grievance of the petitioners against the decision for implementation of the orders of the Government in respect of the speed governors in the category of educational institutions alone on or before 26.1.2009 is discriminatory has been redressed through the above G.O. and therefore, all the writ petitions may be closed granting liberty to the petitioners to challenge the said G.O. The counsel appearing for the other writ petitioners also agreed to the course of action as submitted by Sri Venkata Rao. Accordingly, the writ petitions are dismissed granting liberty to the petitioners to challenge the G.O.Ms.No.151, dated 14.7.2009, if aggrieved. No order as to costs. _______________ A. GOPAL REDDY, J. _________________ ASHUTOSH MOHUNTA, J. NOVEMBER 10, 2010 Tsr.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petitions are dismissed granting liberty to the
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — ss. 110, 112(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.