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.8870 of 2022 ====================================================== M/s Daftari Automobile (I) Pvt. Ltd., Sale Unit - Rajbari Honda, Paschim Pali, 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, Adv For the Respondent/s :

Mr. Raghwendra Kumar SC-22 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(i) For holding that the petitioner being a dealer and holder of a trade certificate under the provisions of the Motor Vehicle Act, 1988 and 'the Rules framed thereunder is not required to pay any amount for temporary registration of vehicle (Two wheeler) as the same has been received and sold within a week from the date of taking delivery of the same. (ii) To issue a writ of mandamus/certiorari quashing all impugned action/demands raised in respect of temporary registration fee @ Rs. 90/- per motorcycle (Two wheeler) under the provisions of the Central Motor Vehicle Rules, 1989

2/4 is bad in law."

It is not in dispute that petition under Section 9 of the Bihar & Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as "the Act") is pending consideration/petitioner intends to file before the appropriate authority.

Learned counsel for the parties jointly pray that the instant petition be disposed of with direction to the appropriate authority to consider and decide the same expeditiously. Learned counsel for the State states that the appropriate authority shall consider and decide the petition filed/ to be filed by the petitioner under Section 9 of the Act positively within a period of two months from the date of appearance of the petitioner before him along with a copy of this order and the issue of limitation shall not come in the way of decision on merits.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall appear in the office of the appropriate authority on 23.09.2022 along with a copy of this order, on which date documents in support of the petition shall

3/4 be filed, or else file a fresh petition under Section 9 of the Act. (b) The appropriate authority shall consider and dispose of the petitioner's petition expeditiously, by a reasoned and speaking order, preferably within a period of two months from the date of appearance of the petitioner before him and till then no coercive steps be taken against the petitioner; (c) The authority shall also examine as to whether the amount in question falls within the definition of public demand or not;

(d) Needless to add, while considering such petition, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Order assigning reasons shall be supplied to the parties;

(f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(g) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (h) Liberty reserved to the petitioner to challenge the

4/4 order passed by the appropriate authority, before the appropriate forum, if so required and desired.

(i) We have not expressed any opinion on merits. All issues are left open;

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA