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PETITIONER: HARMAN SINGH AND OTHERS
Vs.
RESPONDENT: REGIONAL TRANSPORT AUTHORITY, CULCUTTA AND OTHERS
DATE OF JUDGMENT: 24/11/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND SASTRI, M. PATANJALI (CJ) DAS, SUDHI RANJAN HASAN, GHULAM JAGANNADHADAS, B.
CITATION: 1954 AIR 190 1954 SCR 371 CITATOR INFO : R 1970 SC 564 (192) R 1989 SC2105 (7)
ACT: Constitution of India, arts. 14, 19(1)(g)-Issuing permits to smaller taxis and fixing lower tariff for them- Whether infringes fundamental right of existing Permit holders to carry on occupation or to equal protection of the laws-Right to carry on occupation Extent of the right.
HEADNOTE: Since1940 taxis plying in the streets of Calcutta were required to be not below 22 H. P. and not above 30 H. P. and rule 179of the Bengal Motor Vehicles Rules as amended in 1944 fixed a minimum charge of one rupee for the first mile and 2 as. for every onc-sixth of each subsequent mile. in 1952 the Regional Transport Authority issued a notification inviting applications for permits to ply small taxis of not below 10 H. P. and not above 372 19 H. P. and a proviso was added to rule 179 that in the case of such small taxis the tariff shall be 8 as. for the first mile and 2 as for every quarter of each subsequent mile. The permit holders of the bigger taxis applied to the High Court under ...