Jabed Sk And ANR v. Union Of India And ORS.

14.06.2023 14.06.2023 Ct. No.10 b.das WPA 11681 of 2023 Jabed Sk & Anr.

Vs.

Union of India & Ors.

Mr. D. K. Samanta Mr. B. Samanta Ms. T. Paul ...for the petitioners.

Mr. Pantu Deb Roy Mr. P. Bandyopadhyay ...for the State.

Mr. Falguni Bandyopadhyay ...for the respondent No.1.

Affidavit of service filed by the petitioners is taken on record.

Heard learned counsels for the parties.

The innocuous prayer of the petitioners is for a direction upon the 5th respondent to receive and accept Form No.16 for grant of Trade Certificate as provided under Rule 35 of the Central Motor Vehicles Rules, 1989 upon acceptance of the prescribed fees provided in Rule 81 of the said Rules and consideration of the application of grant of Trade Certificate in favour of the petitioners. Learned counsel for the respondents submits that the 5th respondent be directed to accept and consider the application filed by the petitioners subject to payment of prescribed fees by the petitioners.

In view of the above, the writ petition is allowed in terms of prayer (d). The 5th respondent is directed to receive and accept Form No.16 for grant of Trade Certificate as prescribed in Rule 35 of the Central Motor Vehicles Rules, 1989 upon payment of prescribed fees by the petitioner under Rule 81 of the Rules and consider grant of Trade Certificate in favour of the petitioner within six weeks from the date of communication of this order. With the above observations and directions this writ petition being WPA 11681 of 2023 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)