Allowed

Chena Ram S/O Khanga Ram v. Union of India

Rajasthan HC20 Dec 2024CW/18206/2024

Case brief

AI extract

What is this about?

This Division Bench allowed a writ petition challenging a note appended to Rule 81 of the Central Motor Vehicles Rules, 1989. Following a connected decision, the Court ruled that respondents shall not levy additional fees for fitness certificate renewal delays post-expiry and declared the note inoperative.

What did the court decide?

Additional fee for delay in renewal of fitness certificate shall not be levied; the impugned note is declared inoperative.

Chena Ram S/O Khanga Ram Vs Union of India — Corruption | Rajasthan HC (2024)

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[2024:RJ-JP:52438-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 18206/2024

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Chena Ram S/o Khanga Ram, Aged About 66 Years, R/o Gunathu, Tehsil Dhod, District Sikar (Raj.). (Registered Owner Of Vehicle No. Rj-28-U-0167).

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Salim Khan S/o Chhotu Khan, Aged About 53 Years, R/o Miyan Ki Dhani Ajabpura, District Sikar (Raj.). (Registered Owner Of Vehicle No. Rj-23-C-2650).

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Shankar Lal S/o Arjun Lal, Aged About 44 Years, R/o 917 Swamiyo Ki Dhani, Tigariya, Tehsil Chomu, District Jaipur (Raj.). (Registered Owner Of Vehicle No. Rj-41-Ua-1095)

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Shripal Singh S/o Amer Singh, Aged About 49 Years, R/o 73, Rajputon Ka Mohalla Rundal, Tehsil Amer, District Jaipur (Raj.). (Registered Owner Of Vehicle No. Rj-41-Ga3357)

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Kana Ram S/o Jhutha Ram, Aged About 64 Years, R/o 110, Banvariyo Ki Dhani Aalisar, Teshil Chomu, District Jaipur (Raj.). (Registered Owner Of Vehicle No. Rj-41-Ga1515)

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Shriram Yadav S/o Nathu Ram Yadav, Aged About 38 Years, R/o Dhani Fatehpura Jahota, Tehsil Amer, District Jaipur (Raj.). (Registered Owner Of Vehicle No. Rj-14-Gk8885)

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Rameshwar Lal Yadav S/o Ram Lal Yadav, Aged About 50 Years, R/o 07 Samdari Mundiya Garh, Tehsil Renwal, District Jaipur (Raj.). (Registered Owner Of Vehicle No. Rj-23-Gb-3169)

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Mahadev Singh S/o Pala Ram, Aged About 41 Years, R/o 78, Dhani Berali Sitarampura, Tehsil Chomu, District Jaipur (Raj.). (Registered Owner Of Vehicle No. Rj-14-Ub1737)

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Mohan Lal Saini S/o Babu Lal Saini, Aged About 35 Years, R/o Nayawali Dhani, Mundru, Tehil Shri Madhopur, District Sikar (Raj.). (Registered Owner Of Vehicle No. Rj-26-Ua0398)

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Hanuman Singh S/o Narayan Singh, Aged About 50 Years, R/o Nangal, Nathusar, Tehsil Shri Madhopur, District Sikar (Raj.). (Registered Owner Of Vehicle No. Rj-01-C-1583)

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(2 of 3)

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[2024:RJ-JP:52438-DB]

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[CW-18206/2024]

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Sayar Mal Gurjar S/o Madhu Ram, Aged About 48 Years, R/o Ward No. 10, Mahro Ki Dhani KanwarpuraBarsighpura, Tehsil Khandela, District Sikar (Raj.). (Registered Owner Of Vehicle No. Rj-25-Ua-0304)

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Girver Singh S/o Mal Singh Rajpoot, Aged About 53 Years, R/o Dhani Bala Ji Wali, Post Toda, Tehsil Neem Ka Thana, District Sikar (Raj.). (Registered Owner Of Vehicle No. Rj23-C-3263)

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Rakesh Kumar S/o Dhura Ram, Aged About 25 Years, R/o Ward No. 8 Dhani Gawriya Johada Roopura Dhalyawas, Tehsil Khandela, District Sikar (Raj.). (Registered Owner Of Vehicle No. Rj-18-Ub-4534)

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Mukesh Kumar S/o Nanu Ram Chahar, Aged About 36 Years, R/o Dhani Chaharon Ki Loharwada, Tehsil Khandela, District Sikar (Raj.). (Registered Owner Of Vehicle No. Rj-23-U-0188)

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----Petitioners

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Versus

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

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State Of Rajasthan, Through Principal Secretary Transport Department, Parivahan Bhawan, Sahkar Marg, Jaipur.

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

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District Transport Officer, Jhalana, District Jaipur (Raj.).

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District Transport Officer, Jagatpura, District Jaipur (Raj.)

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District Transport Officer, Sikar, District Sikar (Raj.).

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District Transport Officer, Neem Ka Thana (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Sultan Singh Kuri For Respondent(s) : Mr. Nrip Raj Singh on behalf of Mr. S.S. Naruka, AAG Mr. C.S. Sinha & Mr. Rajat Sharma on behalf of Mr. R.D. Rastogi, ASG

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(3 of 3)

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[2024:RJ-JP:52438-DB]

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[CW-18206/2024]

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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20/12/2024

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The writ petition seeks to challenge the validity of note appended to Serial No.11A of Rule 81 of the Central Motor Vehicles Rules, 1989, as amended vide notification dated 04.10.2021.

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This Court at Jaipur Bench in the case of Shyam Prakash Meena & Ors. vs. Union of India & Ors.[D.B. Civil Writ Petition No.14258/2024 and other connected writ petitions decided on 19.12.2024] has allowed the writ petitions and declared the above note as ultra vires Section 64(o) read with Section 211 of the Motor Vehicles Act, 1988 as also inoperative in law.

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Accordingly, the writ petition is also allowed in the terms of decision rendered by this Court at Jaipur Bench in the case of Shyam Prakash Meena(supra). In the matter of consideration of application for renewal of fitness certificate filed by the petitioners, the respondents shall not levy any additional fee for each day of delay after expiry of validity period of fitness certificate. We make it clear that no other issue has been considered and the petition is being allowed only in the manner and to the extent as stated above.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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HEENA/194

Chena Ram S/O Khanga Ram v. Union of India

Case brief

What is this about?

What did the court decide?

Chena Ram S/O Khanga Ram v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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