CENTRAL TRANSPORT COMPANY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These are the two connected Writ Petitions. The grievance, as raised by the petitioners in the writ petition, is with regard to the imposition of the late fee, as well as, the imposition of penalty, which has been imposed for the purposes of renewal of fitness certificate by invoking the amended provisions as contained under Rule 22 (4), as enforced by the State of Uttarakhand, by virtue of a Notification No. 1009/IX-1/2012/323/2006 dtd. 29/11/2012.

(2.) The State of Uttarakhand, in the exercise of its powers under Uttarakhand Motor Vehicle Taxation Reforms (Third Amendment) Rules, 2012, had invoked Sec. 28 of Uttarakhand Motor Vehicles Taxation Reforms Rules, 2003, and has consequently invoking powers under it had incorporated amendments and particularly the amendment with which we are concerned relates to the amendment as made in Rule 22 (4).

(3.) Before, the amendment, the Rule 22 (4) of 2003 Rules, it reads as under :