AJIT KUMAR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let the affidavit filed on behalf of the Transport Department, Government of West Bengal, in response to the statements contained in the report in the form of an affidavit filed earlier on behalf of the Panchayats and Rural Development Department, Government of West Bengal, be kept on record. The petitioners have stated to be stage carriage operators who render service to commuters by plying their vehicles on various routes in the district of Hooghly for which permits have been issued to them under the Motor Vehicles Act by the appropriate authority. They have approached this Court being aggrieved by the decision taken by the State Government, as communicated to the District Magistrate, Hooghly, by a memo dated 28th November, 2013, issued by the Special Secretary to the Government of West Bengal, Department of Panchayats and Rural Development.

(2.) The impugned memo dated 28th November, 2013, concerns issuance of licence to motorised rickshaw vans. The contents of the impugned memo dated 28th November, 2013, in its entirety, is reproduced hereinbelow:

(3.) According to the petitioners, the Panchayat bodies have no jurisdiction under the Panchayat Act or the Rules framed thereunder to make registration of any motor vehicle or vehicle, which is registrable under the Motor Vehicles Act, 1988. It is the specific contention of the learned advocate appearing on behalf of the petitioners that in terms of section 21(1)(d) of the West Bengal Panchayat Act, 1973, one of the regulatory duties of a Gram Panchayat is to make registration of a vehicle, but such vehicle has to be other than a vehicle which is required to be registered under the Motor Vehicle Act, 1988. He submits that the endeavour of the State Government to grant licence for motorised rickshaw vans by the local Panchayat bodies tantamounts to taking away the statutory power conferred exclusively upon the registering authority empowered to register motor vehicles under Chapter IV of the Motor Vehicles Act, 1988. He further submits that the motorised rickshaw vans, which are sought to be granted licence by the State Government from the local Panchayat bodies, all fall within the statutory definition of the expression "motor vehicle" or "vehicle" as defined under sub-section (28) of section 2 of the Motor Vehicles Act, 1988 (as amended till date). It is his specific case that all motorised rickshaw vans are fitted with engine capacity of more than 35 cubic centimetres which immediately brings such class of vehicles within the purview of the statutory definition of "motor vehicle" or "vehicle" as provided under sub-section (28) of section 2 of the Motor Vehicles Act, 1988 (as amended till date). In this context, he has relied on a fairly recent judgment of the Supreme Court rendered in the case of Chairman, Rajasthan State Road Transport Corporation & Ors. v. Santosh & Ors., 2013 7 SCC 94, in order to elaborate on the definition, meaning and scope of the expression "motor vehicle" or "vehicle" as contained under sub-section (28) of section 2 of the Motor Vehicles Act, 1988 (as amended till date).