High Court after hearing the parties at length reserved its verdict over the validity of circular seeking re-registration of outside vehicles purchased in J&K.
Yesterday court had sought the personal appearance of the Secretary to Transport Department in order to clarify as to whether the Regional Transport Officer (RTO) Kashmir was competent to issue the circular in question. The Secretary of Transport Department was present via virtual mode before the court and submitted that the RTO was with full competence to issue the circular under MV Act.
These contentions were denied by the other-side by referring Section 47 of the Act and submissions were made that the RTO has no power to issue such a circular which provides the power and jurisdiction for assigning a new registration mark on a vehicle to the Central Government.
Petitioner counsel 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.
The circular in question 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 as fresh as per the provision of Motor Vehicles Act.
A direction is also sought that the authorities be directed 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.
