'Violative Of Right To Livelihood' : Allahabad HC Quashes 'Permanent Residents Only' Condition For E-Rickshaw Registration In Lucknow

A bench of Justice Shekhar B. Saraf and Justice Brij Raj Singh, termed the restriction 'arbitrary' and a clear violation of Articles 14, 19(1)(g), and 21 of the Constitution of India.

"Lucknow being the capital city of the State of Uttar Pradesh results in the confluence of the people from villages in all parts of Uttar Pradesh and encourages people to come to the city to earn their livelihood. A restriction such as the one that has been provided for in the impugned order would act as a hindrance to the same", the bench remarked.

The HC was dealing with a batch of writ petitions challenging an order (of February 2025), issued by the Assistant Regional Transport Officer (ARTO), Administration, Lucknow.

The impugned order imposed two major restrictions: firstly, prohibiting registration for anyone who already held an E-rickshaw registration and secondly, mandating that new registrations be granted only to persons permanently residing in Lucknow.

The petitioners specifically challenged the second restriction regarding the requirement of the being a permanent resident of Lucknow.

During the proceedings, the State respondents defended the restriction by citing administrative difficulties and submitted that in Lucknow, more than 70% of E-rickshaw and E-auto owners had not taken fitness certificates and were running unfit vehicles, posing a threat to the public.

The authorities argued that many owners registered their vehicles using rented addresses. They reasoned that when such people leave their rented house, it is very difficult to serve any Notice to them relating to end of Fitness or other.

The Court, however, rejected this rationale and observed that the reasoning provided for not allowing persons without a permanent residence in Lucknow to register vehicles was without any basis in law.

"Any discrimination that is done without having a reasonable classification cannot be countenanced by this Court and the Court is duty bound to strike down such a classification," the Bench said.

In fact, the Court stated that the authorities should allow Lucknow to be a melting pot, where people of diverse castes, religions and from different strata of society are allowed to come and work so as to encourage them to participate in the prosperity of the capital city.

The Bench further noted that stricter measures could be taken to control the number of vehicles without infringing upon fundamental rights.

The Court suggested that authorities could restrict the number of registration certificates to be provided in a particular year or take stricter action for the impounding of vehicles that are not having proper and valid fitness certificates.

Consequently, the High Court quashed and set aside the order impugned insofar as it restricted E-rickshaw registration to permanent residents only.

Advocate Shraddha Tripathi appeared for the petitioners

Case title - Ajeet Yadav vs State Of U.P. Thru. Secy. Transport Lko. And 2 Others along with connected petitions

Citation :

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