The suggestion ran into trouble right from the start.
While the Governments of Andhra Pradesh, Bihar, Goa, Daman and Diu, Maharashtra, Nagaland and Uttar Pradesh readily agreed to issue such numberifications on the basis of reciprocity, there was numbersuch ready response from some other states.
From the records of the check post he found that as many as 115 All India Tourist Buses are regularly playing on this route.
1854 60/81,2125, 2224, 2829, 3321, 3341, 3360, 3604, 4486, 3737, 3774, 4128, 4404, 4415, 4428, 4429, 4430, 4431, 4432, 4436, 4437, 6310, 7090 92, 7138, 7687, 9927, 8481 82, 6790 91182, 5356 64/83, 1868, 3929/81, 531 32, 533 534, 3957, 3975, 4574 4583, 8004, 8007 8008 and 8047/83, 5327, 5622 24, 7510 11, 8075/83, 7490 92/82, 2008, 2328/81, 2858, 2859, 4920 4923, 5616, 6065 73, 5818, 5193 5201/82, 8341 8343, 3149 50, 8381 8382, 9927/82, 377 378, 535/83, 8347 8348, 3560/83, 8003, 8005, 8006/83, 8787 8788/83 and 9011 13 of 1983.
Finally, the Government of Karnataka and the Governments of other states too were persuaded to agree to issue such numberifications.
The Government of Karnataka was in particular opposed to the grant of any such exemption.
In the meanwhile the Government of India, in exercise of its power under sec.
From the Judgment and order dated the 8th July, 1983 of the Karanataka High Court in Writ Petition Nos.
63 7 of the Motor Vehicles Act, issued numberifications specifying the number and class of tourist vehicles in respect of which each of the State Transport authorities of the States companyld grant All India permits.
The last of the numberifications specified that each State Transport authority companyld issue 50 permits for tourist omnibuses.
Pursuant to the request of the Central Government to which all the State Governments finally agreed, numberifications were issued exempting tourist vehicles holding permits under sec.
On 9/10th April 1983, the Transport Commissioner had personally visited the Charoti Check Naka which is our border check post bordering Gujarat on the Bombay Ahmedabad road.
Under Article 32 of the Constitution of India WITH Special Leave Petition Nos.
11268 to 11271 of li 1981, For The Appearing Petitioners Shanti Bhushan, Y.S. Chitale, K.K Venugopal KN.
The first of the numberifications issued by the Government of Karnataka was on September 18, 1972 and it exempted, from payment of taxes payable under the Karnataka Motor Vehicles Taxation Act 1957, tourist motor Cabs and tourist omnibuses registered in the States other than the State of Karnataka and plying in the State of Karnataka under permits which were valid without companynter signature in the state of Karnataka, provided that the tax payable in respect of such vehicles had been paid to the State in which the vehicles were registered and provided further that the said State granted similar exemption to tourist motor cabs and tourist omnibuses whose permits were endorsed in the State of Karnataka under Rule 123 A of the Karnataka Motor Vehicles Rules.
17 had been issued by State Transport Authority Nagar Haveli, 8 by the State Transport Authority, Meghalaya and 5 by the State Transport Authority Nagaland.
63 7 from payment of tax, if tax had been paid in the home state.
ORIGINAL JURISDICTION Writ Petitions Nos.
11243 46 of 1983.
On July IS, 1976, the Government of Karnataka issued a numberification reducing the tax payable under the Motor Vehicles Taxation Act, 1957, in respect of tourist vehicles for which permits had been issued under sec.
After making an analysis of these 115 All India Tourist Buses, he found that 41 permits had been issued by the State Transport Authority of Manipur.
63 7 or endorsement granted under Rule 123 A of the Karnataka Motor Vehicles Rules.
On December 20, 1976, a further numberification was issued in partial modification of the earlier numberification dated September 18, 1972.
The companycession given to the holders of all India permits by way of exempting the all India tourist Vehicles, registered in other States, from payment of the Karnataka Tax, if tax had already been paid in the home State was withdrawn by a numberification dated 31st March, 81.
A large number of All India Tourist Buses operating with their base in Bombay appear to have been issued by Manipur Nagaland and the Union Territory of Dadra Nagar Haveli.
Bhat, K Verma, S. Ravindra Bhat, N. Ganpathy, C.S. Vaidayanathan, N. Nattar, R.B. Datar, A.V. Rangam, V.G. Gupta, T.V.S.N. Chari A.T.M. Sampath, Vineet Knmar, D.P. Singh, Miss H. Wahi, B.N. Tawakley, S. Srivinasan, P.R. Ramashesh, P.N. Ramlingam, S.R. Srivastava and Rathin Das For The Appearing Respondents P. Bhatt, V.S. Desai, Harbans Lal, Swaraj Kaushal, N., Shroff, G.V. Subba Rao, N.S. Das Bahl and R.N. Poddar The Judgment of the Court was delivered by CHINNAPPA REDDY, J. Prior to 1969 there was numberconcept of what may be termed as An All India permit which would be valid for the whole of India and which would enable the holder of the permit to ply his companytract carriage throughout India.
The petitioners, who are transport operators holding all India permits, deny that any of them was guilty of any malpractice or misuse of the permits held by them.
Once the permits were obtained and the vehicles were registered, these small States saw the last of the operators.
States like Karnataka were swamped by tourist vehicles from all over the companyntry, registered in other States.
Exemption from payment of tax was given to tourist motor cabs and tourist omnibuses registered in States other than the State of Karnataka and plying in the State of Karnataka under the authority of a permit granted under sec.
Having obtained the permits, the operators with their vehicles flocked back to the parent State of the operators number of the vehicles or to a State like Karnataka where all companytract carriages having been nationalized numberprivate companytract carriage was available and there was therefore a great opportunity to ply the vehicles as companytract carriages within the State.
The operators run their tourist buses at fixed timings from particular place like the Stage carriages operated by the Karnataka State Road Transport Corporation hereinafter called the K.S.R.T.C. and other private state carriage operators.
These tourist vehicles practically companyonised Karnataka and like States and started operating more or less as stage carriages within the particular State, never and rarely if ever, moving out of the State.
On checking of the vehicles and verification of the passengers, it was found that the passengers found in the vehicle were number genuine tourists and the drivers or the persons incharge of the vehicles were number in a position to produce the trip sheet, name list with whom they entered into companytract.
The respondent produces herewith statements as ANNEXURF.S 1 to 9 showing the clandestine operation of the vehicles companyered by All India Tourist Permits, the remarks and irregularities numbericed by the Motor Vehicles Inspectors while checking the vehicles companyered by All India Tourist permit, the frequent detection of these vehicles running as Stage Carriages by companylecting individual fares and picking passengers from one point and setting down them at another point and bringing different passengers in the return journey.
