Patna High Court
Chandan Automobiles vs The State Of Bihar on 7 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5134 of 2021
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Chandan Automobiles having its Office at Main Road, Kankarbagh, Patna-
800020, Bihar, through its authorised representative, Shri Akhilesh Kumar
Sihna, aged about 57 Years, S/o Shri Moti Chand Prasad, R/o P.O. Surajpur,
District-Nalanda-803111.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Transport Department,
Govt. of Bihar, Patna.
2. The Principal Secretary, Transport Department, Govt. of Bihar, Patna.
3. The State Transport Commissioner, Transport Department, Govt. of Bihar,
Patna.
4. The District Transport Officer, Patna. Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Y.V.Giri, Sr. Advocate
Mr.Nikhil Kumar Agrawal, Advocate
Mr. Vaibhav Niti, Advocate
For the Respondent/s : Mr. Anil Kr. Singh, GP-26
Mr. Sarvesh Kumar, GP-24
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-10-2021
Petitioner has prayed for the following relief(s):
Patna High Court CWJC No.5134 of 2021 dt.07-10-2021
We are dealing with a case where the petitioner, a
dealer, has self purchased in bulk 119 vehicles. The transaction
of bulk purchase is alleged to have been effected prior to 31 st
March 2020. Petitioner contends that all formalities stood
completed, save and except, that the registration could not be
uploaded on the e-Vahan portal for the reason that the portal was
non-functional. It is contended that all statutory dues were paid.
Also insurance cover was purchased.
Be that as it may, in view of the order dated 13 th of
August, 2020 passed by Hon'ble the Supreme Court in Writ
Petition(s) (Civil) No(s). 13029/1985, titled as M.C.Mehta Vs.
Union of India & Ors., we cannot allow the petition directing
the respondents to open the portal for the purpose of uploading
the transactions effected prior to 31st of March 2020. Relevant
portion whereof is extracted hereunder:
Patna High Court CWJC No.5134 of 2021 dt.07-10-2021
"IN RE: REGISTRATION OF BS IV VEHICLES
Heard learned counsel for the parties at length.
Considered the rival arguments. The lockdown
was imposed from 25.03.2020. The sales data has
been furnished for the lockdown period by FADA
and Non-FADA Members for the period with effect
from 15.03.2020. There are unusually a large number
of transactions, which had taken place during the
lockdown period inter se dealers, which cannot be
recognised for the purpose of actual sales and
registration. We disallow the registration on the basis
of such kind of transactions inter se dealers. As they
are not sales to the customers and registration of
these kinds of vehicles cannot be allowed, there is a
ploy to misuse of the order and such vehicles cannot
be permitted to be sold in market now. They are not
genuine transactions of the sale to the customers.
Hence, no registration of such kind of vehicles shall
be made, which were sold inter se dealers during the
lockdown period.
Apart from that, there are large number of
vehicles, sales of which were not uploaded on E-
Vaahan Portal. Since, sales were not uploaded, as
required, the transactions cannot be recognised as
genuine sales. The order passed by this Court on
24.10.2018 is clear that sale and registration of BS-
IV vehicles shall not be allowed after 31.03.2020.
We cannot allow the registration of such vehicles,
sales of which were not uploaded on E-Vaahan
Portal of the Central Government or the portal of the
concerned State Government.
There are still stated to be a large number of
Patna High Court CWJC No.5134 of 2021 dt.07-10-2021
sales which have been made and uploaded on the E-
Vaahan Portal, even temporary registrations were
made. Their registration during the lockdown period
could not be made. Hence, we allow registration of
such vehicles only which could not be registered
during lockdown in the month of March, 2020 and
for no other reason. However, the position of Delhi
and NCR is different. We clarify our order dated
27.03.2020 to the effect that no registration of BS-IV
vehicles is to be made in Delhi and NCR as people
are suffering from severe air pollution and the order
passed by this Court in 2018 was clear. No vehicle of
BS-IV in Delhi and NCR to be registered.
We order that in the Delhi and NCR, no
registration of the vehicles of BS-IV is to be made
after 31.03.2020.
This order is for the rest of the country and only
due to lockdown, not to be used for any other
purpose/reason and for registration of other vehicles
of which registration was not done for any other
reason.
I.A. NOS. 56015, 56017 AND 56018/2020
(APPLNS. FOR IMPLEADMENT,
DIRECTIONS AND EXEMPTION FROM FILING
ATTESTED AFFIDAVIT ON B/O NORTH EAST
PLANTATION AND COMMERCIAL PVT. LTD.)
The application for impleadment is allowed to
the extent of intervention. In the peculiar facts and
circumstances of the case, registration of vehicles in
question in these applications be made. However, it
shall not be treated as a precedent for any other case.
Application for directions is, accordingly, allowed.
Patna High Court CWJC No.5134 of 2021 dt.07-10-2021
Pending interlocutory application(s), if any,
is/are disposed of."
(Emphasis supplied)
Shri Y.V.Giri, learned senior counsel for the petitioner,
invites our attention to subsequent orders passed by Hon'ble the
Apex Court with respect to other dealers.
We have perused the said order dated 02.11.2020
passed in Writ Petition(s) (Civil) No(s). 13029/1985, titled as
M.C.Mehta Vs. Union of India & Ors. (Page 116-123 of the writ
petition) and do not find ourselves to be persuaded to agree with
the submissions of Shri Giri that the earlier order dated 13th of
August, 2020 stood modified.
As such the present petition stands dismissed.
Interlocutory application, if any, stands dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Ranjan
AFR/NAFR
CAV DATE
Uploading Date 08.10.2021
Transmission Date
