Telangana High Court
Sai Mohit Memorial High School And 5 ... 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. 28021, 28028, 28046, 28132, 28190, 28228,
28415, 28428, 28430, 28440, 28441, 29107, 29129,29248,29275,
29352 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, Ch. Ravinder, Pushadapu Subba Rao and
Ms. A. Deepti 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 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, in all the above Writ Petitions, except
Writ Petitions No. 29248, 29275 and 29352 of 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
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
2017 SCC On line Mad 1550
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
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
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
