STATE OF GUJARAT Vs. VAHIDHKHAN PATHAN

JUDGEMENT

(1.) These appeals arise out of a judgement and order dated 14.10.2004 passed by the Learned Single Judge in Special Civil Application No.11643/2010 and connected petitions. By the said judgment, Learned Single Judge was pleased to quash and set aside a circular dated 9.8.2002 issued by the Government of Gujarat. Learned Judge also declared that if any vehicle is carrying gross laden weight as per the certificate of registration, the respondents shall not take any penal action with respect to such vehicles. Prayer for refund of the penalty already paid was however, not granted.

(2.) Brief facts may be noted as narrated in Letters Patent Appeal No. 6194/2004 corresponding to Letters Patent Appeal No.1725/2007.

(3.) Learned Single Judge after considering the various provisions contained in the Motor Vehicles Act and Rules made therein and several decisions of the Apex Court, came to the conclusion that the State Government would not be justified in issuing directions contrary to the directions issued by the Central Government. Learned Judge was of the opinion that the circular of State of Gujarat was in conflict with the notification of Government of India. Learned Judge put great emphasis on the Registration Certificate granted to such vehicles in other State and observed that revision of weights on account of change in the tyres and alteration of the vehicle is not permissible. In view of registration certificate granted, the only course open for the respondents is to initiate proceedings for cancellation of such registration certificates. However, by issuing a Circular, State Government cannot levy fine on the owners of the vehicles. It was further observed that the notification issued by the Government of India dated 18.10.1996 permits modification in the vehicles and notification issued under Sub-section(3) of Section 58 of the Motor Vehicles Act by the Central Government is binding on the State Government. In short, learned Judge put great emphasis on the Registration Certificate issued by RTO authorities which would be apparent from the following observations : '11.15 I do not find any substance in the contention raised by Mr. Oza that overloaded vehicles not only cause more wear and tear on the road, but also cause more vehicular pollution and such vehicles are prone to accident. In my opinion, this aspect is to be considered at the time of issuance of registration certificate. While issuing the certificate the concerned authority under the Act is required to look into all these aspects and if he is satisfied, then only such registration certificate can be issued. Once a competent authority has issued a valid registration certificate, and if the vehicle is carrying gross weight in accordance with the certificate, then it is not open for the respondent to raise such contentions.'