Indian Motors and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Indian Motors and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to make a comprehensive representation for registration of the e-rickshaws before the competent authority within 2 weeks; the authority to consider it within 2 weeks of receipt, pass a reasoned order in accordance with law upon affording opportunity of hearing to the petitioner and other stakeholders if any, and communicate the decision within a week thereafter; affidavit of service kept on record.

Issue for consideration

Whether the petitioners, manufacturers of e-rickshaws, are entitled to issuance of certificate of registration for the e-rickshaws manufactured by petitioner no.1, registration having been restrained pending further orders. +1 more

Ratio / Principle

Since the applicant has made no representation to the competent authority, the matter is premature.

Key takeaways

The petition is disposed of with liberty to the petitioner to make a comprehensive representation for registration of the e-rickshaws before the competent authority within 2 weeks.ratio¶12
The concerned authority shall consider the representation within 2 weeks from the date of receipt, pass a reasoned order in accordance with law upon affording opportunity of hearing to the petitioner and other stake holders if any, and communicate such decision within a week thereafter.ratio¶12

Detailed headnote1 paragraphs

The petitioners, manufacturers of e-rickshaws, were aggrieved by non-issuance of certificate of registration for vehicles manufactured by petitioner no.1, registration having been restrained by a direction of the Hon'ble High Court circulated to RTOs/ARTOs by the Additional Director, Transport Directorate vide Memo dated January 13, 2022, with subsequent instructions of July 13, 2022 from the Special Secretary, Transport Department requiring action in compliance of an order dated June 3, 2022 in terms of notification No. 612-WT/3-09/2013 dated February 25, 2013 and the terms and conditions of the Certification Authority CAT. Finding the matter premature for want of any representation by the applicant to the competent authority, Smita Das De, J. disposed of WPA 2554 of 2026 without taking any exception to the merits, granting liberty to file a comprehensive representation within 2 weeks, to be considered by the concerned authority within 2 weeks of receipt and answered by a reasoned order in accordance with law upon hearing the petitioner and other stakeholders if any, with the decision communicated within a week thereafter; affidavit of service kept on record.

10-02-2026 ct no. 10 Sl. 2 RP WPA 2554 of 2026

Indian Motors & Ors. -Versus-

State of West Bengal & Ors..

Mr. N.I. Khan, Mr. Amlan Kr. Mukherjee …for the petitioner Mr. Pantu Deb Roy, Mr. Subrata Guha Biswas

…for the State

The petitioners are the manufacturers of e- rickshaws and are aggrieved by the non-issuance of certificate of registration in respect of vehicles (e-rickshaws) manufactured by the petitioner no.1. The Additional Director, Transport Directorate vide Memo dated January 13, 2022 requested the RTOs/ARTOs to follow the restraining direction of the Hon’ble High Court in connection with the registration of battery operated eco-friendly e-rickshaws until any further order is received from any other competent Court of law.

By a further memo dated July 13, 2022 the Special Secretary, Transport Department has requested the Director, Transport Directorate to provide necessary instruction to the Registering Authority to take necessary action in compliance of the order dated June 3, 2022 in terms of the notification No. 612-WT/3-09/2013 dated

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February 25, 2013 and the terms and conditions as issued by the Certification Authority CAT.

The State respondent fairly submits that the instant matter is premature in nature due to failure to make a proper representation to the competent authority for registration of the e- rikhshaws.

In view of the above fact, since the applicant has not made any representation to the competent authority the instant matter is premature in nature.

The petition is disposed of with a liberty to the petitioner to make a comprehensive representation for registration of the e-rickshaws before the competent authority within 2 weeks and the same shall be considered by the concerned authority within 2 weeks from the date of receipt of the representation and shall pass a reasoned order in accordance with law upon affording opportunity of hearing to the petitioner and other stake holders if any, and communicate such decision within a week thereafter.

The writ petition being WPA 2554 of 2026 is disposed of without taking any exception to the merits of the case.

Affidavit of service filed by the petitioner is kept on record.

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(Smita Das De, J.)