Dismissed

Bhilwara Truck Union v. Union of India

Rajasthan HC17 Jan 2023CW/10021/2022

Case brief

AI extract

What is this about?

Petitioner drivers petitioned against increased fitness certificate fees for older vehicles, seeking to stay late fees pending reply. First case dismissed on withdrawal; interim stay granted on late fees in second case.

What did the court decide?

Late fees at the rate of Rs.50 per day shall not be charged from the petitioner and its members in terms of the note appended to the impugned notification until the reply is received.

Bhilwara Truck Union Vs Union of India — Pension and Retirement Benefits | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Civil Writ Petition No. 10021/2022

¶3

Bhilwara Truck Union, Through President Ladulal Gattani S/o Kanhiya Lal Gattani, B/c Gattani, Aged About 71 Years, R/o Transport Nagar, Shop No. 69, Bhilwara, Rajasthan.

¶4

----Petitioner

¶5

Versus

¶6

Union Of India, Through The Secretary To Government, Ministry Of Road Transport And Highways, Transport Bhawan, 1, Sansad Marg, Gokul Nagar, Connaught Place, New Delhi.

¶7

State Of Rajasthan, Through The Secretary To Government, Transport Department, Parivahan Bhawan, Sahkar Marg, Jaipur Rajasthan.

¶8

Commissioner Of Transports, Transport Department, Parivahan Bhawan, Sahkar Marg, Jaipur Rajasthan.

¶9

Regional Transport Officer, Rto Office, Bhilwara.

¶10

----Respondents

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Connected With

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D.B. Civil Writ Petition No. 19288/2022

¶13

Bus Operators Association, Rajasthan (Regd.), Shop No. 31, Kirti Nagar Market Tonk Road, Jaipur (Raj.) Through Member Ladu Lal Gattani S/o Kanhiya Lal Gattani B/c Gattani, Aged About 71 Years, R/o Bhilwara, Distt. Bhilwara (Raj.).

¶14

----Petitioner

¶15

Versus

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Union Of India, through the Secretary to Government Ministry of Road Transport And Highways, Transport Bhawan, 1, Sansad Marg, Gokul Nagar, Connaught Place, New Delhi.

¶17

State Of Rajasthan, through the Secretary to Government Transport Department, Parivahan Bhawan, Sahkar Marg Jaipur Rajasthan.

¶18

Commissioner of Transports, Transport Department, Parivahan Bhawan, Sahakar Marg Jaipur Rajasthan.

----Respondents

(2 of 3)

[CW-10021/2022]

For Petitioner(s)	:	Mr. Anil Vyas
For Respondent(s)	:	Mr. Sudhir Tak, AAG
		Mr. Uttam Singh for
		Mr. Mukesh Rajpurohit,Dy.S.G

¶23

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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17/01/2023

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D.B. Civil Writ Petition No. 10021/2022

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Learned AAG Shri Tak has raised an objection regarding the maintainability of this writ petition because the petitioner is not a body registered under the Co-operative Societies Act.

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Learned counsel Shri Anil Vyas seeks permission to withdraw the present writ petition submitting that as validity of the notification in question is already under challenge in the connected writ petitions filed by the duly registered societies, he may be allowed to withdraw the instant writ petition.

¶29

Accordingly, the present writ petition is dismissed as withdrawn.

¶30

D.B. Civil Writ Petition No. 19288/2022

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Through this writ petition, the petitioner, a society registered under the Co-operative Societies Act seeks to assail the legality and validity of the notification dated 04.10.2021 issued by the Ministry of Road Transport and Highways, Union of India whereby, while amending Rule 81 of the Central Motor Vehicles Rules, 1989, the fee for grant or renewal of certificate of fitness for motor vehicles (transport) older than 15 years has been raised from Rs.2700/- to Rs.12500/-.

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(3 of 3)

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[CW-10021/2022]

¶34

Learned counsel Shri Vyas has drawn the Court’s attention to an interim order dated 20.12.2017 whereby, the Division Bench of this Court, stayed the effect and operation of a similar notification dated 29.12.2016.

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Reply on behalf of the respondents is awaited. Shri Vyas urged that until the reply is received, the note at the end of the notification whereby, it is proposed to levy late fees of Rs.50/- per day as a consequence of none procurement of the fitness certificate under this notification deserves to be stayed.

¶36

In view of the peculiar facts and circumstances as prevailing on record and reserving the right of the respondents to seek vacation of the interim order by filing a suitable application, it is hereby directed that late fees at the rate of Rs.50/- per day shall not be charged from the petitioner and its members in terms of the note appended at bottom of the impugned notification dated 04.10.2021.

¶37

Renotify after four weeks alongwith DBCWP No.19103/2022.

¶38

(RAJENDRA PRAKASH SONI),J

¶39

(SANDEEP MEHTA),J

¶40

8 & 9-Dharmendra/ Anshul/-

Bhilwara Truck Union v. Union of India

Case brief

What is this about?

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Bhilwara Truck Union v. Union of India

Case brief

What is this about?

What did the court decide?

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