SHEKHAR BHUSHAN NAG Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner who is a licence -holder of an authorized Testing Station, seeks issuance of an appropriate writ directing the respondents particularly respondent No. 4, the Regional Transport Authority, to issue road permit on the basis of the fitness certificate issued by the petitioner which certificates do not bear the counter signature of the Joint Transport Commissioner. Bihar.

(2.) THE undisputed facts are that the petitioner was granted a licence of an authorized Testing Station under the provisions of Section 56 of the Motor Vehicles Act, 1988, The petitioner, after inspecting of the vehicles, issued fitness certificates to the owners of the vehicles. The owners of those vehicles accordingly, moved the Transport Authority for grant of road permits but the same was refused on the ground that the fitness certificates so issued by the petitioner's Testing Station is not countersigned by the Joint Transport Commissioner.

(3.) ON the other hand, Mrs. Ritu Kumar, learned JC to Government Advocate, drew my attention to Annexure -5 to the writ application which is a copy of the letter of authority issued under Rule 63(1)(5) of the Central Motor Vehicles Rules. According to the learned Counsel, one of the conditions incorporated in the permit is that the permit -holder shall be bound to follow the rules, notifications and the instructions issued time to time by the Transport Authority. Learned counsel, therefore, submitted that pursuant to Annexure -1, an executive instruction was issued by the Transport department which contains, inter alia, that the permit -holder is bound to obtain counter -signature on the fitness certificate Form before issuance of the same to the owners concerned of the vehicles.