Darshan Singh vs State Of Punjab And Others
2022 Latest Caselaw 1320 P&H

CWP-21467-2021(O&M)                                         1

240
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                             CWP-21467-2021(O&M)
                             Date of Decision:08.03.2022

DARSHAN SINGH                                      ......Petitioner
     Vs
STATE OF PUNJAB AND OTHERS                         .....Respondents

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr.Balraj Singh, Advocate
        for the petitioner.

        Mr. Charanpreet Singh, AAG, Punjab.

           ****

RAJ MOHAN SINGH, J. (Oral)

Petitioner has preferred this writ petition for issuance of

an appropriate writ, order, direction, especially in the nature of

certiorari for quashing the order dated 01.10.2021, passed by

respondent No.3.

On 26.10.2021, notice of motion was issued by passing

the following order:-

"Learned counsel for the petitioner contends that notification dated 29.12.2016 amending Rule 32 and Rule 81 of the Central Motor Vehicles Rules to the extent of imposing additional fee was declared void and were struck down by Division Bench of Madras High Court. SLP is pending in the Hon'ble Supreme Court in which no stay has been granted so far. The judgment of the Division Bench of Madras High Court has been followed by this Court in CWP No.5373 of

1 of 2

2020 titled Rajinder Parshad Vs. State of Haryana and Others, decided on 17.02.2021.

Notice of motion for 15.12.2021.

On asking of the Court, Ms.Simran Grewal, AAG, Punjab accepts notice on behalf of the respondents and seeks time to file status report."

Today, learned State counsel on instructions from Law

Officer Sukhjit Singh Pasricha, Transport Department submits

that in view of the above judgments, it has been decided that all

kinds of additional fees mentioned in Rule 32 and 81 of Central

Motor Vehicle Rules, 1989 in pursuance of notification No.G.S.R

1183(E) dated 29.12.2016 issued by Ministry of Road Transport

and Highways shall not be levied in the State of Punjab. This

decision is however subject to the final outcome in SLP (Civil)

No.23648 of 2017 pending in the Hon'ble Supreme Court of

India.

In view of the statement made by learned State counsel

this writ petition is disposed of, as such at this stage.

                                           (RAJ MOHAN SINGH)
08.03.2022                                       JUDGE
Amandeep

Whether speaking/reasoned                 Yes/No
Whether reportable                        Yes/No




                                2 of 2