SATYA DEV SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioners have questioned the legality and validity of Memorandum (Annexure PB) dated 18/04/1984 issued by the Commissioner Transport, Himachal Pradesh, Shimla.

(2.) Petitioners, the petty transporters are owning and possessing public carrier trucks having national permits. For purchase of their vehicles they had obtained loan from various financial institutions namely Nationalised or non-Nationalised Banks, Himachal Pradesh Financial Corporation etc. It is their case that respondent No. 2 on 18/04/1984 issued a Memorandum, purpoting to insist upon the production of no objection certificate from financial institutions at the time of issuance/renewal of certificate of fitness. This requirement, according to petitioners is not in consonance with the provisions of law and the same is under challenge being ultra vires and unconstitutional.

(3.) Writ petition is contested by respondents. Reply has been filed on the affidavit of Secretary State Transport Authority, wherein it has been stated that requisite instructions have been issued by the Commissioner, insisting upon the production of no objection certificate from the financing institutions, at the time of issuing a fitness certificate, in view of the provisions of Rule 3.12 of the Punjab Motor Vehicles Rules, 1940, which are applicable in the instant case. It has also been stated that Section 38 of the Motor Vehicles Act, 1939 and the Rules framed thereunder deal with the manner, for issuance of fitness certificate or renewal thereof. Board of Inspection consists of Registering and Licencing Authority of the Area and the Motor Vehicles Inspector (Technical) of the Transport department with its member. Period of validity of this certificate of fitness in Himachal Pradesh is six months whereafter the same has to be got renewed for further period. Since the Registering and licencing Authorities in Himachal Pradesh are also Assessing Authorities under the Himachal Pradesh Motor Vehicles Taxation Act, 1972, while presiding over the Board of Inspection, they have the right to ensure the clearance of Government dues and taxes. Vehicle is produced before the Board of Inspection for issuance of or renewal of road fitness certificate and since the Licencing Authorities have to ensure payment of Government dues, therefore, at the time of issue or renewal of fitness certificate they are within their right to ensure the payment of Government dues by the owners of the vehicles and for the same reasons they are also within their rights to insist upon the payment of dues of the financing institutions. In order to safeguard the public fund, it is necessary to ensure prompt recovery of the dues.