High Court sought assistance of Advocate General in the matter challenging the circular issued by the Transport Department seeking fresh registration of vehicles purchased outside Jammu and Kashmir.
Justice Ali Mohammad Magrey after hearing the counsel for the petitioner said the matter be considered in presence of Advocate General and directed the registry to issue notice to Advocate General for appearing in the matter on April 7.
The petition has been filed by one Zahoor Ahmad Bhat through his Senior counsel Faisal Qadri under Article 226 of the Constitution of India, seeking directions for quashing the circular bearing No.RTO/K/ESTT/85-95 dated 27.03.2021 on the ground that the same is in contravention to Section 47 of the Motor Vehicles Act 1988.
The circular was issued from the office of Regional Transport Officer Kashmir directing all vehicle owners who have purchased their vehicles outside to get those vehicles registered a fresh as per the provision of Motor Vehicles Act.
Advocate Qadri also seeks directions from the court that the authorities to adhere to the provisions of the Motor Vehicles Act 1988 in respect of the assignment of new registration mark to the vehicles bought/purchased from outside Jammu & Kashmir.
“Further directions are sought in the form of Writ of mandamus commanding the Respondents to assign the New Registration Mark to the Motor Vehicles of the Petitioners without levying the tax as envisaged in terms of the Notification dated 01.08.2019 and S.O dated 02.06.2020”, reads the prayer of the plea
It is pleaded before the court that the Section 47 of the Act provides the power and jurisdiction for assigning a new registration mark on a vehicle to Central Government and in absence of the delegation of the powers otherwise vesting with the Central Government, the respondents-Transport Department have no authority to issue a Circular under challenge in terms of the instant Petition.
