+ W.P.(C) 5026/2013
DELHI AUTORIKSHAW SANGH & ORS. ..... Petitioner Through: Ms Rani Chhabra, Adv.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Ms Zubeda Begum and Ms Sana
Ansari, Advs for GNCTD
CORAM:
HON'BLE MR. JUSTICE V.K. JAIN
V.K. JAIN, J.
1. The issue involved in this writ petition is as to whether a vehicle found being driven without a permit or in contravention of the terms of a permit, can be subjected to impounding under Section 207 and cancellation or suspension of permit under Section 86 of M.V. Act, even where the owner and/or driver of the vehicle have been prosecuted under Section 66 read with Section 192A of the said Act.
W.P(C) No. 5026/2013 Page 1 of 11
2. The petitioners before this Court are some auto-rickshaw drivers and two associations of auto-rickshaw drivers in Delhi. Section 66 of Motor Vehicles Act, 1988, to the extent it is relevant for the purpose of this writ petition, provides that no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods except in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority, authori