SHIV KR PANDIT Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this batch of writ petitions, the petitioners have challenged the notification dated 18.10.1996 issued by the Cemtral Government in exercise of its powers under sub-section (1) of Section 58 of the Motor Vehicles Act, 1988 specifying maximum gross vehicle weight and the maximum safe axle weight of each vehicle.

(2.) The case of the petitioners is that they owned vehicles of different makes and models and in the Certificates of registration the maximum gross vehicle weights have been indicated. In accordance with the said maximum gross vehicle weights as indicated in the certificates of registration, the petitioners have paid road taxes and sur-charge and have been plying the vehicles carrying loads. But by the notification dated 18.10.1996 issued by the Central Government in purported exercise of its powers under sub-section (1) of Section 58 of the Motor Vehicles Act, 1958 (for short "the Act"), the Central Government has specified the maximum gross vehicle weight and maximum safe axle weight which is less than that specified in the certificates of registration of the respective vehicles. As a result, the petitioners are being prevented by different authorities under the Act from carrying the load in accordance with the maximum gross vehicle weights as indicated in the certificates of registration of the respective vehicles. Aggreived, the petitioners have challenged the said notification dated 18.10.96 issued the Central Government.

(3.) When these cases were heard on an earlier occasion, Mr K.P. Sarma, CGSC, submitted that the impugned notification dated 18.10.96 of the Central Government has already been up-held by the Supreme Court in the case of N. Venkateswara Rao-Vs-STA and others (1997) 2 SCC 320. He, therefore, submitted that these writ petitions may be dismissed following the said judgment of the Supreme Court in the aforesaid case. Mr. H.N. Sarma, Sr. Addl. GA, Assam, while supporting the said argument of Mr. K.P. Sharma, CGSC, further submitted that pursuant to the impugned notification reducing maximum gross vehicle weight of different vehicles, the authorities under the Act wanted to take steps for revising the maximum gross vehicle weights indicated in the certificates of registration of different vehicles so as to make the certificates of registration consistent with the impugned notification dated 18.10.1996. But on account of interim orders passed by this Court in the writ petitions, the authorities have not been able to revise the certificates of registration of the vehicles belonging to the petitioners. Mr H.N. Sarma further submitted that the challenge to the impugned notification dated 18.10.1996 of the Central Government on grounds similar to the present writ petitions have also been rejected by a learned Single Judge of this Court by judgment dated 7.1.99 in Civil Rule Nos. 2219/98,3959/98 and 3558/ 98. Since the judgment in the said Civil Rules has been delivered recently, Mr Sarma has not been able to produce the certified copy of the said judgment.