Telangana High Court
Vishwashanthi Vidyanikethan High ... vs The State Of Telangana And 5 Others on 25 November, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRITI PETITIONS No. 28508, 28576, 28595, 28597, 28617, 28634,
28740, 28787, 29068, 29084, 29094 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, Laxmaiah Kanchani,
G.Rajeshwar Rao,Md.Jahed Ali 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, 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 contentions raised by them in Writ
2017 SCC On line Mad 1550
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.
-------------------------------------
NAGESH BHEEMAPAKA, J
25th November 2024
ksld
