M/S. Daftari Automobile (I) Pvt. Ltd. v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8429 of 2022 ====================================================== M/s. Daftari Automobile (I) Pvt. Ltd. Sale unit Rajbari Honda, Paschim Pati, P.O. and District Kishanganj (Bihar) through its one of the Directors Manish Daftari @ Manish Kumar Daftari (Male) son of Raj Karan Daftari, resident of Ward No. 14, Bhagat Toli Road, P.O. and P.S. Kishanganj and District Kishanganj.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Transport Department, New Delhi.

2.

The State of Bihar through the Secretary, Transport Department, Government of Bihar, Patna.

3.

The Transport Commissioner, Government of Bihar, Patna. 4.

The Deputy Secretary, Transport Department, Government of Bihar, Patna. 5.

The District Transport Officer, Kishanganj.

6.

The District Certificate Officer, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Agrawal, Advocate For the Respondent/s :

Dr. K.N.Singh, A.S.G.

Mr. Amarjeet, JC to ASG Mr. Sriram Krishna, JC to ASG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 29-06-2022 Petitioner has prayed for the following relief(s):- "(i) For declaration that Rule 81 of the Central Motor Vehicle Rules, 1989 as existed prior to the amendment dated 29.12.2016 is ultra virus the main Act that is Motor Vehicle Act, 1988 and thus the constitution of India.

(ii) To hold that no demand of any fee relating to trade certificate can be made for the period prior to

Patna High Court CWJC No.8429 of 2022 dt.29-06-2022 2/3 29.12.2016 as the old rule has been substituted by the new Rule 81 of the Central Motor Vehicle Rules, 1989 vide a notification bearing No. GSR 1183(E) dated 29.12.2016 (Annexure-4) without having any saving clause under the amendment dated 29.12.2016.

(iii) To issue a writ of mandamus/certiorari quashing all impugned action/demands raised in respect of grant or renewal of trade certificate in respect of each vehicle as stipulated in Rule 81 of the Central Motor Vehicle Rules, 1989 as existed prior to the amendment made vide amendment dated 29.12.2016 is bad in law.

(iv) To further hold that Rule 81 of the Central Motor Vehicle Rules, 1989 is in direct conflict which Rule 34 of the Central Motor Vehicle Rules, 1989 as the said Rule 34 seeks about class of vehicle and whereas pre-amended Rule 81 states about each vehicles for which the fee structure has been prescribed.

(v) For holding that only one trade certificate in a year is required by the petitioner dealer under the provisions of the Central Motor Vehicle Rules, 1989 for dealing inn motorcycle as a class of vehicle and not for each motorcycle.

(vi) For any other relief/reliefs to which the petitioner is entitled to in the facts and circumstances of the present case."

After the matter was heard for some time, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to file a fresh petition with better particulars, on the same and subsequent

Patna High Court CWJC No.8429 of 2022 dt.29-06-2022 3/3 cause of action, if so required and desired.

Permission granted with liberty, as prayed for. As and when any such petition is filed, the same shall be listed on priority basis.

Instant petition stands dismissed as withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 01.07.2022 Transmission Date