The Bombay Excessive Courtroom has quashed a round issued by Maharashtra’s transport commissioner imposing sure situations whereas deciding on purposes for registration of autos underneath the BH sequence. A division bench of Justices Girish Kulkarni and Firdosh Pooniwalla, in its judgment on April 12, mentioned the round was issued “with none authority and, therefore, flawed and unlawful.”
The courtroom was listening to a petition filed by a civil decide difficult the round and denial of his utility looking for registration of his car underneath the BH sequence, which was launched by the federal government of India in 2021 to facilitate handy switch of autos in numerous states and Union Territories.
In response to Mahendra Patil, senior civil decide within the Maharashtra State Judicial Providers, he submitted his official id card, which as per the situations is the one compliance required to be furnished.
Patil’s plea mentioned when he made enquiries, he was knowledgeable that his utility was rejected as he had not complied with sure different situations imposed underneath a round issued by the transport commissioner in February 2024.
As per this round, any authorities servant who needs to hunt BH sequence registration should, along with the official id card, additionally furnish a certificates displaying he has places of work in different states, his keep at such states and his/her cost slips through the service tenure in such states.
Patil in his plea mentioned the transport commissioner doesn’t have any authority to situation such a round, which is opposite to the provisions of guidelines framed by the Central authorities.
He sought that the transport commissioner’s round be quashed and an order be handed to grant his car registration underneath the BH sequence.
In his plea, Patil claimed he had complied with situations mandated within the Central Motor Autos (Twentieth Modification) Guidelines of 2021 for registration of autos underneath the BH sequence.
The HC bench famous the round issued by the transport commissioner was “clearly in extra of the jurisdiction and with none authority in legislation.”
“In our thought-about view, the round is flawed and unlawful. The round dated February 21, 2024 is asserted to be unlawful, arbitrary, and unconstitutional. It’s hereby quashed,” the HC mentioned.
The courtroom directed authorities to grant registration to Patil’s car underneath the BH sequence inside one week.
The bench in its order mentioned the central authorities has framed guidelines underneath the Central Motor Autos Act for registration of autos underneath the BH sequence.
The transport commissioner couldn’t have issued such a round within the absence of any energy conferred on him underneath the principles to superimpose situations on any applicant looking for registration of a car underneath the BH sequence, the courtroom mentioned.
“It was not permissible for the commissioner to impose situations by such a round to manage registration of BH autos, which might nullify the Central Guidelines or create a regime which is opposite or defeat the provisions of the Central Guidelines,” the HC mentioned.
The transport commissioner’s workplace opposed the plea, saying the round was merely within the nature of pointers issued to make sure the item of the Central Guidelines are achieved.
If autos are given BH sequence registration with out compliance of the round then there can be lack of income, the transport commissioner’s workplace additional claimed.
It mentioned even these authorities workers who are usually not usually transferred to different states are looking for good thing about the BH sequence.
The transport division additional claimed there are a number of financial advantages for autos with BH sequence registration and, therefore, the variety of purposes looking for registration underneath it was growing exponentially.
