The Rajasthan High Court allowed an appeal by the appellant challenging an order from the Transport Department that suspended the vehicle registration of the appellant without giving him an opportunity for hearing. The writ petition was filed by the appellant stated that his vehicle registration had been suspended under Motor Vehicle Act, 1988 without being offered the required hearing under section 53 of the Act.
The bench of Hon’ble Chief Justice Mr. Mahindra Mohan Shrivastava and Hon’ble Mr. Justice Ashutosh Kumar held that “the provision of law is crystal clear that if the registering authority or any other prescribed authority has any motor vehicle within its jurisdiction is in such as condition as described in clause A & B of sub section (1) the authority is required to give the owner an opportunity of making a representation he may wish to (by sending the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration) and for reasons recorded in writing pass the order of suspension of certificate of registration”.
The Court stated that the power to suspend registration is statutory and must be exercised according to the law. The court also observed that in this case no notice was served and the appellant was not given an opportunity to be heard. The Court also mentioned, “Present is a case where the principles of natural justice have been incorporated in the statutory scheme itself, therefore it is not merely a case of violation of principles of natural justice but also an action in excess of authority conferred under the law”.
Further the court decided that the action of the respondents is void ab initio and the impugned order passed by the registering authority is liable to set aside on that ground hence the court declared that the action taken by the respondent is illegal and the writ petition stands allowed.
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