ABDUL KADER YAKUBBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner Shri Abdul Kader Yakubbhai Shaikh is the registered owner of a transport vehicle namely an auto rickshaw bearing Registration Mark No. GTH 1607. The petitioner had paid the tax levied under the Bombay Motor Vehicles Act 1958 (Bombay Act No. LXV of 1958 hereinafter known as the Tax Act of 1958) upto 31-3-1974. It is the petitioners case that he had put the same auto rickshaw for repairs of its engine before 31-3-1974 with one Shantilal Manilal Panchal an auto rickshaw repairer at Ahmedabad. It is his further case that he is a man of moderate means and could not pay the repair charges for the rickshaw and therefore he could not procure the engine back from the repairer. The petitioner submits that the engine is still in possession and custody of the said repairer Shantital who has retained the possession exercising his right of lien.

(2.) The petitioner could not intimate about the rickshaw being out of order to the respondent No. 3 the Taxation Authority and Regional Transport Officer under Rule 5 of the Bombay Motor Vehicles Tax Rules 1959 hereinafter known as the Tax Rules of 1959 since he was not conversant with the rules as he was a new entrant in the line.

(3.) The petitioner submits that the certificate of fitness for plying the rickshaw as contemplated under sec. 38 of the Motor Vehicles Act 1939 expired on 19-3-1975 and the position was the same even at the point of time when the present petition was filed.