Divakar Tiwari And Another vs State Of U.P. And 2 Others
2021 Latest Caselaw 3304 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 4406 of 2021
 

 
Petitioner :- Divakar Tiwari And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Jawahar Lal Maurya,Ajay Kumar Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Deepak Verma,J.

The petitioners herein are aggrieved by the inaction of respondent no.2 namely the Assistant Regional Officer, Jaunpur, in refusing to register the vehicle (two wheeler) purchased by the petitioner on 23.03.2020.

It is contended that the petitioner could not follow the procedure for registration of vehicle due to the countrywide lockdown enforced w.e.f. 24.03.2020. Thereafter, in view of the decision of the Apex Court in Writ Petition (Civil) No. 13029 of 1985 decided on 24.10.2018, the request of the petitioner has not been considered.

From a perusal of the decision of the Apex Court, it is evident that the issue before the Apex Court was whether Bharat Stage-IV/BS-IV compliant vehicle should be permitted to be sold in India after 31.03.2020. Considering the concern of the automobiles manufacturers and the authorities to balance the equities between them, it was observed that since automobile manufacturers have themselves volunteered to be BS-IV compliant by 31.03.2020, a cut off date i.e. 01.04.2020 was provided whereafter manufacturers are not permitted to sell any non BS-IV compliant vehicle.

Final observations of the Apex Court in the judgment and order dated 24.10.2018 be read as under:

"21. Therefore, in exercise of the power vested in this Court under Article 142 of the Constitution, we read down sub-rule 21 of Rule 115 and direct that sub-rule 21 of Rule 115 shall be interpreted and understood to read that no motor vehicle conforming to the emission standard Bharat Stage-IV shall be sold or registered in the entire country with effect from 01.04.2020."

From a perusal of the judgment of the Apex Court, it is evident that the vehicles which were manufactured prior to 30.03.2020 and were sold before 01.04.2020 could have been registered.

As per the contention of the petitioner, the vehicle-in-question had been purchased on 23.03.2020. The process of registration, however, could not be completed on account of countrywide lockdown declared w.e.f. 24.03.2020.

The writ petition is, therefore, disposed of with the direction to the respondent no.2 to consider the claim of the petitioner for registration of the vehicle after perusal of the necessary papers strictly in compliance of the Apex Court in the aforesaid writ petition and the observations made hereinabove. The exercise for registration of the vehicle shall be completed within a period of three weeks from the date of receipt of copy of this order.

Order Date :- 12.3.2021

P Kesari