RAMA PRASAD SARKAR Vs. TATE OF WEST BENGAL

JUDGEMENT

(1.) The grievance raised in this petition is that the e-rickshaws are running in the district of Howrah in the State of West Bengal without being registered in terms of the provisions of the Motor Vehicles Act, 1988. A direction has been sought in the petition to the respondents to implement the notification dtd. 27/4/2015 issued by the Department of Transport, Government of West Bengal in Howrah district. The said notification provides for taking necessary action for registration of e-rickshaw.

(2.) Having examined the record, we have noticed that the issue is confined to only registration of the e-rickshaws. Vide notification dtd. 30/8/2016 issued by the Ministry of Road, Transport and Highways, Government of India, operation of e-rickshaws has been exempted from obtaining an e-permit.

(3.) Earlier also, a bunch of petitions were filed as Public Interest Litigation including WP No. 3930(W) of 2018 which were disposed of by order dtd. 17/8/2018 expressing trust and hope in respect of completion of entire process of registration of all e-rickshaws plying in the State within a time bound period. Review Application was filed in that matter being RVW No. 144 of 2018 wherein by order dtd. 5/8/2019, the time limit was extended to register the e-rickshaws up to 31/8/2019 by further observing that beyond 31/8/2019, the State shall not permit any unregistered e-rickshaws to ply in the State. It is pointed out that alleging non-compliance of the aforesaid order, CPAN 1193 of 2019 has been filed which is still pending and FMAT 435 of 2000 arising out of the Title Suit No. 27 of 2018 is also pending.