HARMAN SINGH AND OTHERS versus REGIONAL TRANSPORT. AUTHORITY, CALCUTTA, AND OTHERS.

Citation: [1954] 1 S.C.R. 371 · Decided: 24-11-1953 · Supreme Court of India · Bench: M. PATANJALI SASTRI · Disposal: Dismissed

Judgment (excerpt)

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S.C.R. 
SUPREME cotJRT REPORTS 
371 
further rights they may have against the.Nawab or 
his estate. 
1953 
Lala Durga 
(4) After this has beenldone, the Custodian, U. P., 
Pra•ad 
will be at liberty to / withdraw the balance of the 
and Another 
Rs. 62,000. 
v. 
. . 
. 
Lala Deep Chand 
Except for these mod1ficat10ns, the decree stands 
and Others. 
and the rest of the appeal is dismissed. 
The modifications we have made here do not affect 
the plaintiff's rights under the decree except to his 
advantage. As-against him, the appellants have 
failed. 
We accordingly direct that the appellants pay 
the plaintiff the costs of this appeal. 
There is an application for amendment of the High 
Court's qecree. 
This will be disposed of by the 
High Court. 
Decree of High Oourt modified. 
Agent for the appellant: B. P. Maheshwari. 
Agent for respondent No. 1: N. 0. Jain. 
Agent for the Custodian of Evacuee Property, U.P.: 
O. P. Lal. 
Appeal dismissed. 
HARMAN SINGH AND OTHERS 
v. 
REGIONAL TRANSPORT. AUTHORITY, 
CALCUTTA, AND OTHERS. 
[PATANJALI SAsTm C. J., MEHR CHAND MAHAJAN, 
S. R. DAS, GHULAM HASAN and JAGANNADHADAS JJ.] 
Oonstitiition of India, arts. 14, 19(1)(g)-Issiiing 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 ocwpation-
Extent of the right. 
Since 1940 taxis plying in the streets of Calcutta were 
required to be not below 22 H.P. and not above 30 H. P. and 
rule 1 79 oi 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 one-sixth of each subsequent mile. In 1952 the Regional 
Transport Authority issued a notification invitiug applications for 
permits to· ply small taxis of not below 10 H.P. and not above 
Bose J. 
1953 
Nov. 24. 
1963 
Hannan Si1igh 
and Othera 
v. 
Regional 
Transport 
Authority, 
Calcutta, 
and Othera. 
MahajanJ. 
372 
SUPiiEME COURT REPOR'l'S 
[1954] 
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 art. 226 of the 
Constitution for a writ restraining the Regional Transport A utho-
1:ity from giving effect to the notification and issuing permits to 
•mall taxis, on the ground that the notification infringed their 
fundamental rights guaranteed by art. l9(1)(g) and art. 14 of the 
Constitution : 
Held, (i) that the introduction of small taxis and the lixing o! 
a lower tariff for them was based on a rational clA.ssification and 
there was no contravention o! art. 14 of the Constitution; (ii) as 
the permit holders of bigger taxis were not prevented from carry-
ing on their occupation and to ply their taxis, there was no 
infringement of art. 19(1)(g) of the Constitution, and a writ as 
prayed for against the Regional Transport Authority could not be 
granted. 
Article 19(1)(g) does not guarantee a monopoly to a particular 
individual or association to carry on any occupation and if other 
persons are also allowed to carry on the same occupation and an 
element of competition is introduced, that does not, in the absence 
of bad faith on the part of the authorities, amount to a violation 
of the fundamental right guaranteed under art. 19(l)(g). 
C1v1L APPELLA'l'E 
JURISDICTION: 
Civil 
Appeal 
No. 112 of 1953. 
Appeal under article 132(1) of the Constitution of 
India from the Judgment and Order dated the 9th 
January, 1953, of the High Court of Judicature at 
Calcutta (Himansu Kumar Bose J.) in Civil Revision 
No. 2754 of 1952. 
R. Chaudhry and A. K. Das Gupta for the appellants. 
M. 0. Setalvad, Attorney-General for India (B. Sen, 
with him) for respondents Nos. 1 and 2. 
1953. November 24. The Judgment of the Court 
was delivered by 
MAHAJAN J.-This appeal under article 132(1) of the , 
Constitution of India is directed against a judgment 
of the High Court of Calcutta (H. K. Bose J.) dated 
the .9th January, 1953, dismissing an application under 
article 226 of the Constitution. 
The facts giving rise to the appeal are these: By a 
notification dated 13th May, 1952, the.Regional Trans-
por.t Authority, Calcutta Region, invited· applications 
• 
S.C.R. 
SUPREME COURT REPORTS 
373 
from persons who had licences for driving motor cabs, 
or who possess

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