Prince Tours & Travels Through Its … vs State Of Maharashtra Through Its … on 15 June, 2010

Bombay High Court
Prince Tours & Travels Through Its … vs State Of Maharashtra Through Its … on 15 June, 2010
Bench: S.A. Bobde, A. B. Chaudhari
    wp548.10.odt                                                                     1/7




                                                                                 
                   IN THE HIGH COURT OF JUD ICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                         
                           WRIT PETITION NO.548/2010


    Petitioners :-      1. Prince Tours & Travels through its Proprietors




                                                        
                           Shri Devendra s/o Dyaneshwarrao Rajgure &
                           Shri Chandrasekhar s/o Dyaneshwarrao
                           Lambatkar, Ambagate, Amravati.

                        2. Hanumangir Maharaj Travels through its




                                             
                           Proprietor Shri Gendlal s/o Kisanlal Itankar,
                           "Shanti Prakash", Krishnarpan Colony,
                               
                           Near Garden, Amravati.

                        3. Prabhat Tours & Travels through its Proprietor
                              
                           Amit s/o Shyamkant Kaloti,
                           "Chandrama" Balaji Plot, Amravati.

                        4. Bharat Darshan Travels through its Proprietor
                           Mohammad Harun Mohammad Latif,
           

                           Almas Colony, Juni Basti,
                           Badnera, District Amravati.
        



                        5. D.K. Travels through its Proprietor
                           Shri Bhushan s/o Digambarrao Bhamkar,
                           "Kalakunj", Kolhatkar Colony,
                           Dasera Maidan Road, Amravati.





                        6. Rithe Travels through its Proprietor
                           Shri Padmakar s/o Sukhdeorao Rithe,
                           C/o Shri Kale, Namuna Lane No.5, Amravati.





                        7. K.N. Joshi Bus Service through its Proprietor
                           Shri Kanhaiyalal s/o Nandlal Joshi,
                           "Leela Bhavan",
                           C/o Vitthal Maharaj Purohit,
                           Satkhiradi, Amravati.




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                     8. Jijaee Travels through its Proprietor
                        Shri Sanjay s/o Motiramji Satpute,
                        Near Ramkrishna Vidyalaya, Ambagate, Amravati.




                                                      
                     9. Shivam Travels through its Proprietor
                        Shri Suresh s/o Ganpatrao Chopkar,
                        "Dattatraya", Near Neelam Hotel,
                        Badnera Road, Amravati.




                                                     
                     10. Sainath Travels through its Proprietor
                         Shri Suresh s/o Balkrishna Wange,
                         Near Maheshwar Temple, Amba Vihar, Amravati.




                                          
                     11. Mangalmurti Travels through its Proprietor
                         Shri Nandkishore s/o Bhaurao Kadam,
                            
                         Takiya Ambagate, Amravati.

                     12. Shri Travels through its Proprietor
                           
                         Shri Nitin s/o Rameshrao Dafe,
                         in front of Satpuda Jin, Warud,
                         District Amravati.

                     13. Shivkrupa Travels through its Proprietors -
           

                         Shri Satish s/o Madhukarrao Gaikwad &
                         Shri Prashant s/o Madhukarrao Gaikwad,
        



                         C/o Mohit Medicals, Shirpur Jain,
                         Taluka Malegaon, District Washim.

                     14. Jai Ambe Travels through its Proprietor
                         Shri Sachin s/o Manoharbhai Chauhan,





                         Khamgaon Road, Chikhali, District Buldhana.

                     15. Akash Travels through its Proprietor
                         Shri Aatmaram s/o Gangaram Nesnetkar,
                         Kaulkhed, Akola.





                                  ...Versus...

    Respondents :-   1. State of Maharashtra through its Secretary,
                        Home Department (Transport),
                        Mantralaya, Mumbai - 32.




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                            2. The Transport Commissioner - State Transport
                               Authority, 3rd and 4th floor, Administrative
                               Building, Near Ambedkar Udyan,




                                                                         
                               Government Colony, Bandra (East), Mumbai.
                            3. Regional Transport Officer, Amravati.

                            4. Deputy Regional Transport Officer, Washim.




                                                                        
                            5. Deputy Regional Transport Officer, Buldhana.

                            6. Deputy Regional Transport Officer, Akola.

    ---------------------------------------------------------------------------------------------------




                                                         
                            [Shri Anand Parchure, Adv. for petitioners]
                            [Smt. B.H. Dangre, Addl. G.P. for respondents]
                                       
    ---------------------------------------------------------------------------------------------------

                                                   CORAM :-          S.A. BOBDE
                                      
                                                                     A.B. CHAUDHARI, JJ.
                                                   DATED :-          15.06.2010


    ORAL JUDGMENT                            (PER : S.A. BOBDE, J.)
             
          



    1.              Heard. Rule. Rule returnable forthwith.                     Heard finally by

consent of learned Counsel for the rival parties.

2. By this writ petition, the petitioners are challenging the

circular dated 30.5.2009, issued by the Transport Commissioner,

directing that no vehicle shall be registered without permit in the

State.

3. The petitioners, who are transport operators and have

already purchased omnibuses, have approached this Court for setting

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aside the aforesaid circular on the ground that registration is primary

duty of the authorities under the Motor Vehicles Act, 1988, which

cannot be made conditional upon holding of permit.

4. Word ‘permit’ is governed by the provisions under

Chapter V of the Motor Vehicles Act and it includes permits of broad

category such as the use of vehicle as a transport vehicle vide

Section 66, stage carriage permits vide Section 72, private service

vehicle permit vide Section 76, goods carriage permit vide Section 77

and temporary permits for special purposes i.e. for conveyance of

passengers on special occasions such as to and from fair and religious

gatherings or seasonal business etc. We, therefore, find in the first

instance that the circular which directs that no vehicle shall be

registered without permit is grossly vague and its intention cannot be

discovered.

5. The learned Additional Government Pleader for

respondents, however, submitted that the Commissioner of Transport

has by the impugned circular insisted for permit before registration

because a large number of buses are being used without a ‘State

permit’. What is, however, important to see is whether the

respondents have any authority in them to refuse registration without

insisting for State permit.

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6. Section 39 of the Motor Vehicles Act, 1988 reads thus.

“39. Necessity for registration. –

No person shall drive any motor vehicle and no owner of
a motor vehicle shall cause or permit the vehicle to be
driven in any public place or in any other place unless the

vehicle is registered in accordance with this chapter and
the certificate of registration of the vehicle has not been
suspended or cancelled and the vehicle carries a

registration mark displayed in the prescribed manner :

Provided that nothing in this section shall

apply to a motor vehicle in possession of a dealer subject
to such conditions as may be prescribed by the Central

Government.”

7. Section 40 and 41 of the Motor Vehicles Act provide for

registration and Section 43 provides for temporary registration of the

vehicle. It appears from a joint reading of the aforesaid Sections that

registration of vehicle is the primary duty of a owner of the vehicle and

therefore, the law imposes a corresponding duty on the authorities to

grant such registration in accordance with the conditions stipulated by

the Motor Vehicles Act. We do not find any provision which permits the

imposition of a condition to the effect that owner of the vehicle must

have obtained any permit before he applies for registration of the

vehicle. It follows therefore that the Transport Commissioner is not

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entitled to impose any special condition such as the requirement of

obtaining a permit before registration of vehicle. It is well settled that

subordinate legislation, rules, regulations, circulars can supplement

the statutory provisions and the Courts would also uphold the same.

But the circular dated 30.5.2009 clearly supplants the provisions of

Motor Vehicles Act as discussed above. The Courts would not uphold

such an attempt through Circular to supplant the express provisions of

Central Law. We may, however, make it clear that in appropriate

cases, temporary registration of the vehicle can be granted. We find

that in order to overcome practical difficulties, which may arise, the

law provides for the temporary registration. However, registration

per se is something that cannot be denied on the condition upon

obtaining of permit by vehicle owner. The registration of vehicle qua a

person is must in order to fix its responsibility for several purposes.

Permits are intended for use for special purposes enumerated in the

Motor Vehicles Act. In a given case, the owner of the vehicle may

intend to use his vehicle for special purpose such as transport etc., for

which case, he must obtain permit. It is equally possible that a vehicle

may be stopped from being used for the special purpose. Throughout,

however, registration of the vehicle is a must and there is no

alternative to it.

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8. In the circumstances, we strike down the impugned circular

dated 30.5.2009 and direct the Commissioner of Transport to consider

applications for registration of new vehicles in accordance with law.

Rule is made absolute in the above terms.

                    JUDGE                            JUDGE




                                            
                               
                              
    ssw
            
         






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