RAVINDRA SINGH TOMAR Vs. STATE OF M P

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, has been preferred by the petitioner under the caption of public interest litigation.

(2.) A large number of averments have been made in it but those to which the petitioner has restricted himself are contained in para 11 of the petition. The said prayers read thus :-

(3.) The grievance of the petitioner is that when the tractor with trailer is registered for agricultural purposes, same cannot be used for commercial use. He contended that despite making several complaints to the concerning authorities, no action has been taken and the vehicles are being allowed to run in violation of the rules. Inviting attention of this court to Section 39 of the Motor Vehicles Act, 1988, (herein after referred to as the M.V. Act, 1988) he submitted that the provisions contemplated therein do not authorise such vehicles to be driven at any public place unless they are registered in accordance with the provisions of the Act. Apart from it, by permitting use of such vehicles in the manner as happened in the present case, the owners thereof are given opportunity to avoid payment of tax as per M.P. Motoryan Karadhan Adhiniyam, 1991, hereafter referred as the Adhiniyam, 1991, which is a great loss to the public exchequer. By enclosing document (AnnexureP/1), it is further brought to the notice of this court that during the year 2010-11, 748 tractors with trailers were registered for agricultural purposes whereas only 42 were registered for commercial purposes, out of which 3 subsequently were converted into commercial from agricultural purposes, as per the information furnished from the office of the Regional Transport Authority, Gwalior. He further submits that under Adhiniyam, 1991 there is provided exemption from payment of registration tax, if the tractor trolley is registered for agricultural use and therefore taking advantage of the said exemption, the vehicles which are registered for the sole purpose of agriculture, now-a-days, are being utilized by the owners in transportation of the commercial goods. Therefore to put a check on such illegal activities, the petitioner has filed this petition in public interest at large to issue appropriate directions in the matter.