CHALUKYA MOTORS PRIVATE LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Additional Government Advocate.

(2.) The petitioner is a private limited company having its office at Gadag. It is an authorized dealer for vehicles manufactured by M/s Piaggio Vehicles Private Limited for Gadag District. Its operational territories are Gadag and Koppal Districts for sales, service and spares of vehicles manufactured by the said company. The petitioner is said to have invested huge amounts to establish its place of business as a dealer in several categories of vehicles manufactured by M/s. Piaggio Private Limited. The same include 3 wheeler and 4 wheeler cargo vehicles and 3 wheeler autorickshaws locally known as "Tum Tum" vehicles, which are said to be much in demand in rural areas. The vehicles in question are manufactured after obtaining the necessary prior approval from the Automative Research Association of India (hereinafter referred to as "ARAI", for brevity) as required under the provisions of the Central Motor Vehicles Rules, 1989(hereinafter referred as "CMV Rules", for brevity).

(3.) The manufacturer namely Piaggio has addressed a communication to the Transport Commissioner, State of Karnataka, requesting him to approve the registration of 3 wheeler cargo and passenger vehicles, enclosing the certificates issued by ARAI as regards compliance with the Central Motor Vehicles Rules and road worthiness. Pursuant to the communication, the Deputy Commissioner has accorded permission and approval, dated 20/05/2010, for the registration of the vehicles across Karnataka State.