Harayana Volvo bus violates contract carriages rules :HC

Himachal Pradesh High court has dismissed a petition filed by operator of a Haryana number Volvo bus to impound and stopping movement of vehicles in Himachal Pradesh by RTO Solan despite having All India Tourist permit. The division bench of justice Tarlok Singh Chauhan and justice Verinder Singh passed a order on December 6, 2022 copy of which was released to Media today said that 

 petitioner violated rules while plying the Bus in  territory of Himachal Pradesh under

All India Tourist Vehicles (Authorization or Permit) Rules, 2021. Court after hearing both parties said that  usage of the vehicle, whether as a “Contract

Carriage” and “Stage Carriage” is one of fact. It couldn’t be determined by this Court.

“When the bus of the petitioner was impounded, as a matter of fact, it was though registered as a Contract Carriage

but the same was being regularly plied as a Stage Carriage in the State of Himachal Pradesh. If the vehicle was used by the

petitioner as a Stage Carriage in the State of Himachal Pradesh, then there was no question of the concession of the

authorization or permit issued by the Government of Haryana to the petitioner under the provisions of All India Tourist Vehicles (Authorisation or Permit) Rules, 2021. In view of the aforesaid discussion, we have no hesitation to conclude that the petitioner, who has tourist vehicle could use it only as Contract Carriage and not as Stage Carriage. Thus, there is no illegality or arbitrariness in the action taken by the respondents either impounding the vehicle of the petitione. The respondent state and Department of Transport defended the action of RTO submitted in the court that All India Tourist Vehicles (Authorisation or Permit) falls under the definition of Contract Carriage and the petitioner had violated the provisions of Contract Carriage by using his buses as Stage Carriage in contravention of the Motor Vehicle Act/Rule. The counsel of state also contended that vehicle was impounded and stopped by the officials according to order dated 20.10.2021, thereby the petitioner was directed immediately to stop illegal operation of the bus as

Stage Carriage. The bench accepting argument of state that having All India Tourist Vehicles (Authorization or Permit) did not permit the bus operators to breach permit rule 2021 as Contract Carriage couldn’t be allowed to ply like regular stage carriage and the petitioner had

violated the provisions of Contract Carriage by using his buses as Stage Carriage in contravention of the Motor Vehicle Act/Rules

The Court found no merit in this petition and the same is accordingly dismissed. The counsel for the petitioner seeking relief from the court said  R.T.O., Solan, illegally

impounded Volvo Bus bearing registration No. HR-38X-1301, even though it had all the requisite documents including All India

Tourist Permit that was necessary for plying contract carriage. Petitioner said that agreaved petioner have paid the taxes required before entering the State in advance  Despite this, the R.T.O., Solan, did not permit the bus of the petitioner to enter Tipra Barrier, Parwanoo, H.P. on October 26, 2021. However the respondents state have contested the petition on various preliminary submissions wherein it was averred that the

respondents had never obstructed the plying of contract carriage buses of the petitioner in the territory of Himachal Pradesh under

All India Tourist Vehicles (Authorization or Permit) Rules, 2021 but it couldn’t allow any such permit holders to violates the provisions of Contract Carriage by using his buses as Stage Carriage in contravention of the Motor Vehicle Act or Rules.