UNIVERSAL AUTO LINK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner is a automobile leader and also dealing with the distribution and retrofitting Liquid Petroleum Gas (LPG) kits in motor vehicles. This petition is preferred for issuance of writ of mandamus, certiorari or any other appropriate writ, order or direction to restrain the respondent No.2 from granting permission for appointment of the petitioner as distributor/retrofitter of LPG kits and for instructions to all Transport Authorities (registering authorities) to accept the vehicles for alteration as per the Cause F, Sub-Rule 4 of Rule 115 C of the Central Motor Vehicles Rules, 1989 ('Rules', for short).

(2.) THE rule was issued on 27.9.2004 with specific direction to the respondents to file reply and permitting the petitioner to move the Court for expediting the hearing of the matter, may be because of the reason that interim relief prayed in paragraph 20(D) was not granted on that day. The record shows that even after 8 years, the respondents have not filed reply till date and, therefore, it is to be believed that respondents do not want to file reply.

(3.) IT is submitted by learned advocate Mr.Ramkrishna B.Dave for the petitioner that after amendment of Section 52, working effect from 11.8.2000 in the Motor Vehicles Act, 1988, provision for fitment of Liquid Petroleum Gas was introduced and, thereupon, Central Motor Vehicles Rules, 1989 was also suitably amended for fitment of LPG kit by Notification dated 24.4.2001. He relied upon the provision of Clause F of Sub-Rule 4 of Rule 115 C of the Rules, which reads as under;