HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27808 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The instant writ petition has been filed praying for a writ of mandamus, directing the respondent-authorities to exempt the petitioner from the route restrictions imposed by them. 2. The petitioner claims to be a registered union of auto pliers. The case of the petitioner is that many members of the petitioner-Union have battery operated electric vehicles and the same should be permitted to ply within the municipal limits of Nagar Nigam, Kanpur without any restrictions. Submission is based on the ground that electric vehicle does not cause any pollution. 3. Learned counsel for the petitioner places reliance on a Notification dated 18.10.2018 issued by the Central Government under Section 66(3)(n) of the Motor Vehicles Act, 1988 whereby, the Central Government has exempted a battery operated vehicle from the requirement of having permit under sub-section (1) of the said Section. 4. Learned Standing Counsel has placed on record a Gazette Notification dated 20.05.2025 issued by Commissioner of Police, Kanpur Nagar under Section 115 of the Motor Vehicles Act read with Rule 178 of the U.P. Motor Vehicle Rules, 1998. These provisions are as under:- Versus Counsel for Petitioner(s) : Rajan Tripathi Counsel for Respondent(s) : Abhinava Krishna Srivastava, C.S.C. Tempo Taxi Seva Samiti Up .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) "115. Power to restrict the use of vehicles. - The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may, by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction. Rule 178. Restrictions on the use and the speed of motor vehicles.—A Superintendent of Police within a Municipal Corporation, Municipality or Nagar Panchayat and a Registering Authority in other areas within their respective jurisdiction may make such orders as they think fit restricting the speed of or restricting or prohibiting the use of motor vehicles, generally or any particular class or classes of motor vehicles in any area or on any road. Such orders shall be published by notification in the official Gazette and also by means of notice boards at or near the place of road to which they apply." 5. Along with the written instructions data has been provided to indicate that there has been manifold increase in number of electrical vehicles in the city in recent years. The number as on 30.08.2025 is stated to be 70636. It was leading to traffic congestion and immense difficulties and inconvenience to the general public. The notification states that in order to ensure interest of public safety and convenience and to facilitate planned transport system only specified numbers of E-vehicles would be permitted on 40 routes specified in the notification. 6. Sri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for the State-respondents submits that the step taken, is a regulatory measure and the same does not fall within the ambit of the notification issued by the Central Government exempting EVs from having permit. 7. We find considerable force in the submission. A permit, as per definition under Section 2 (31) of the Act, only authorises use of motor vehicle as a transport vehicle. The exemption provided by notification WRIC No. 27808 of 2025 2 dated 18.10.2018 issued under Section 66(3)(n) of the Act only dispenses with the requirement of obtaining permit from the State or the Regional Transport Authority for use of a motor vehicle as a transport vehicle. It does not whittle down the power under Section 115, which falls under Chapter-VIII pertaining to Control of Traffic. The notification on basis of which restriction has been imposed is only a regulatory measure and not ban on use of EVs as a transport vehicle. Thus, we find no illegality in the action taken by the respondents. 8. Moreover, the Gazette Notification dated 20.05.2025 whereby, the restriction in question has been imposed, is not under challenge. 9. The petition is consequently, dismissed. September 10, 2025 A. Mandhani WRIC No. 27808 of 2025 3 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad