SRINAGAR, Apr 7: The Advocate General today assured the High Court that till the matter is considered, no action will be taken for the time being on the circular issued by the Transport Department seeking fresh registration of vehicles purchased outside the UT of J&K.
Justice Ali Mohammad Magrey after hearing both the parties sought objections from the Advocate General with regard to the contentions raised by the petitioner while challenging the circular seeking fresh registration of vehicles purchased outside the JK UT.
Petitioner counsel submitted before the court that till objections are filed, the circular in question be stayed. The AG while opposing the submissions of the counsel, submitted before the court that since the issue is subjudice before the court and till its consideration no action be taken under the circular in question.
Petitioner counsel argued 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, he submitted have no authority to issue a Circular under challenge in the instant petition.
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 sought directions from the court that the authorities be asked 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”, read the prayer of the plea
The petitioner in his plea submitted that entire valley of Kashmir has been put under the circumstances of chaos and confusion due to a Circular issued by the Regional Transport Officer Kashmir.
He further added that the respondents are the authorities constituted under the provisions of the Motor Vehicles Act 1988, and are therefore under law required to manage the affairs of the transport and the registration of the vehicles in Jammu and Kashmir.
“The respondents, therefore, are under an obligation to act in accordance to the provisions of the Motor Vehicles Act , in terms of which the respondents are empowered to act within the Union Territory of Jammu and Kashmir”, he added.