Allahabad High Court
Shadab Khan vs State Of U.P. And Another on 25 March, 2021
Bench: Sunita Agarwal, Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - A No. - 4815 of 2021
Petitioner :- Shadab Khan
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Anil Kumar Dubey
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The petitioner seeks registration of vehicle namely a two wheeler which allegedly had been purchased in the year 2018. The temporary registration certificate alongwith the transfer certificate dated 25.10.2018 has been placed before the Court to submit that at the time of purchase of vehicle, temporary registration was accorded. However, permanent registration certificate has yet not been issued.
The contention of the petitioner is that he is approaching the competent registering authority from the year 2019 onwards but it has refused to grant registration certificate as the vehicles which are non BS-IV compliant cannot be registered after 1.4.2020 in view of the decision of the Apex Court in Writ Petition (Civil) No. 13029 of 1985 decided on 24.10.2018. In one of the matters, by the judgment and order dated 12.3.2021, this Court had disposed of the writ petition with the directions to the registering authority to consider the application and do the needful in accordance with law.
Learned counsel for the petitioner seeks similar relief in the present writ petition.
To deal with the submission of learned counsel for the petitioner, the final observations of the Apex Court in the judgment and order dated 24.10.2018 are relevant to be quoted hereunder:-
"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.
The plea of the petitioner that the vehicle was manufactured and sold prior to the said cut off date is to be examined by the competent Registering Authority.
As no decision has yet been taken, it would be appropriate that the present writ petition be disposed of with the direction to respondent no. 2 namely the Additional Regional Transport Officer, Farrukhabad to consider the claim of the petitioner for registering of the vehicle-in-question after perusal of the necessary papers strictly in compliance with the decision of the Apex Court in the aforesaid writ petition and the observations made thereunder.
The entire exercise shall be completed within a period of four weeks from the date of receipt of copy of this order.
It is made clear that any opinion expressed by this Court hereinabove will not come in the way of the registering authority to decide the claim of the petitioner. The Registering Authority would be under obligation to take an independent decision in accordance with the directions of the Apex Court.
Order Date :- 25.3.2021
Brijesh
