Telangana High Court
G. Gopal Reddy And 2 Others vs State Of Telangana And 3 Others on 25 November, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRITI PETITIONS No. 25309, 25336, 25484, 25967, 26030, 26077,
26254, 26268, 26270, 26280, 26286, 26287, 26288, 26289, 26290,
26291, 26292, 26296, 26306, 26339, 26346, 26348, 26842, 26898,
26923, 26924, 26925, 26961, 26982, 26985, 26989, 26992, 26996,
27012 AND 27082 OF 2022
COMMON ORDER:
The prime grievance of petitioners in all these Writ Petitions is that respondents are demanding penalty of Rs.50/- per day in respect of their vehicles, as per the notification issued by the Central Government dated 04.10.2021. According to them, Rule 81 of the Central Motor Vehicle Rules, 1989 has been amended and as per Sl.No.11A of Rule 81, additional fee of Rs.50/- for each day to be paid for delay after expiry of certificate of fitness for the vehicles older than 15 years.
2. Learned counsel for petitioners S. Sri P. Venkateswar Rao, Gopala Rao Amancharla, Ch. Ravinder, B. Sree Hari, K. Ravi Mahender, Rajagopallavan Tayi, P.Pandu Ranga Reddy, Ms. Pulipati Vandana, N.Niyatha, A. Deepti, K. Sarala Mahender Reddy submit that Sl.No.11A of Rule 81 of the 1989 Rules deals with grant of renewal of certificate of fitness for motor vehicles older than 15 years. Since vehicles of petitioners are aged below 15 years, Sl.No.11A has no application to the subject vehicles. It is brought to the notice of 2 this Court by learned counsel that in similar circumstances, this Court dealt with the issue in Writ Petition No. 25049 of 2022 wherein it was directed that petitioner therein shall file appropriate applications on line along with Registration Certificate. Basing on that, if vehicle is below 15 years, respondents shall collect only the fee and if it is above 15 years, then respondents are at liberty to collect penalty as per Sl.No.11(a) of Rule 81 of the 1989 Rules. In view of the said order, learned counsel request that these Writ Petitions may also be decided in similar lines. Learned counsel has also relied on the judgment of High Court of Madras in Chennai City Auto Ootunargal Sangam v. Ministry of Road Transport and Highways 1 wherein it was held that 'levy of additional fee under various heads as per the impugned notification is without authority and such levy of additional fee is therefore, liable to be struck down'.
3. This Court, by order dated 29.06.2022, to balance the equities between the parties, directed petitioners to pay Rs.10/- per day per vehicle for the last one year within ten days from that day, on such payment being made, official respondents should issue provisional fitness certificates to 1 2017 SCC On line Mad 1550 3 petitioners in respect of their vehicles. It was made clear that payment made by petitioners pursuant to that interim order is without prejudice to the rights of the parties and various contentions raised by them in Writ Petitions will be subject to the final result. It was also made clear that in case Writ Petitions are finally dismissed, petitioners should pay balance Rs.40/- per day per vehicle, as envisaged under the Rules and in case, Writ Petitions are allowed, amounts now paid by petitioners would be adjusted towards future fee.
4. Learned Government Pleader for Transport Sri Vigneshwar Reddy has produced a copy of G.O. Ms. No. 29, dated 12.07.2022 which exempted levy of additional fee of Rs.50/- for each day of delay for expiry of certificate of fitness for the period 1st February 2020 to 31st October 2021 during which the Government of India advised that documents such as fitness certificates may be treated as valid because of Covid-19 pandemic situation and also not to levy any kind of additional fee on any categories of vehicles in Telangana State and for the present. He also produced the notification dated 29.12.2016. Sl.No.11 of Rule 81 of Central Motor Vehicle Rules, 1989 prescribes that for grant of renewal of certificate of fitness for motor vehicle, fee is fixed at Rs.200/- and additional fee of fifty 4 rupees for each day of delay after expiry of certificate of fitness shall be levied. Thereafter, notification dated 04.10.2021 was issued whereunder the Central Government made necessary amendments to 1989 Rules. According to the said amendment, Sl.No. 11A was inserted which says that for grant of renewal of certificate of fitness for motor vehicles (transport) older than 15 years, additional fee of fifty rupees for each day of delay after expiry of certificate of fitness shall be levied.
5. Heard Sri Mohd. Abdul Mateen Qureshi, learned Central Government Standing Counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General.
6. A perusal of notification dated 04.10.2021 which inserted Sl.No.11A to Rule 81 shows that vehicles older than 15 years are amenable for levy of additional fee of Rs.50/- but not vehicles below 15 years. Further, this Court in Writ Petition No. 25049 of 2022 has clearly held that if vehicle is above 15 years, then respondents are at liberty to collect penalty as per Sl.No.11(a) of Rule 81 of the 1989 Rules. In all these Writ Petitions, petitioners' vehicles are stated to be below 15 years.
7. In the light of the same, it is directed that petitioners shall file appropriate Applications on line along with 5 Registration Certificate. If vehicle is below 15 years, respondents shall collect only fees and if it is above 15 years, then respondents are at liberty to collect penalty as per Sl.No. 11A of Rule 81 of the Central Motor Vehicle Rules, 1989. Respondents shall consider the Applications within a week from the date of receipt of a copy of this order. If any of petitioners, whose vehicle is below 15 years, paid Rs.10/- pursuant to the interim direction dated 29.06.2022, the same would be adjusted towards future fee.
8. The Writ Petitions are accordingly, disposed of. No costs.
9. Consequently, miscellaneous Applications, if any shall stand closed.
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NAGESH BHEEMAPAKA, J 25th November 2024 ksld