RAVI RANJAN KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this batch of writ petitions, the action of the Regional Transport Officers in altering/changing the maximum gross vehicles weight of the motor vehicle mentioned in the Certificates of Registration has been assailed. The question of law that arises for decision in this batch of writ petition is common and same. The writ petitions were, therefore, clubbed, heard them together and they are being disposed of by this common judgment and order.

(2.) The basic facts germane to the decision-making be noted first and they are as follows: The jurisdictional Regional Transport Officers while registering the subject motor vehicles, in violation of the maximum gross vehicle weights specified by the Central Government for various categories of vehicles in the notification issued by it by virtue of the power granted to it under sub-section (1) of Section 58 of the Motor Vehicles Act, 1988 (for short 'the Act'), fixed the maximum gross vehicle weight which is in excess to and different from that specified in the notification issued under subsection (1) Section 58 of the Act. When the jurisdictional Regional Transport Officers subsequently realized that the maximum gross vehicle weights mentioned by them in the Certificates of Registration were not in conformity with the maximum gross vehicle weights specified by the Central Government in the notification issued under sub-section (1) of Section 58 of the Act, without notice to the petitioners-owners of the motor vehicles, alter the maximum gross vehicle weights in the Certificates of Registration to be in conformity with the maximum gross vehicle weights specified by the Central Government in the notification issued under sub-section (1) of Section 58 of the Act. At that stage the petitioners approached this Court under Article 226 of the Constitution of India by filing these writ petitions seeking intervention of the Court.

(3.) On service of notices, the State Authorities as well as S.E.C.L. Authorities put in appearance and contested the writ petitions both on legal issues and on merits by filing their returns.