TATA ENGINEERING AND LOCOMOTIVE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The point for consideration in this writ-petition is whether the respondents can legally ask the manufacturers of motor vehicles to obtain 'certificate of fitness' with respect to unsold vehicles while being sent to different sales centers for sale.

(2.) The point involves a pure question of law and, therefore, it is not necessary to notice the factual aspects of the case which are more or less undisputed. It may only be stated that the petitioner, which is a public limited company, is one of the premier manufacturers of commercial vehicles including motor vehicles chassis, dumper etc. and other engineering goods. After the motor vehicles are manufactured, they are sent to various sale centers/regional sale centers situate in various parts of the country. Sometimes only chassis of the motor vehicles and sometime vehicles with body built thereon, as per the demand of the customer, are supplied. Whenever they move out to the sale centres they carry certificate of temporary registration and 'road-worthiness certificate' granted under the Motor Vehicles Act, 1988 ("the Act' in short) and the Central Motor Vehicles Rules, 1989 (In short 'the Central Rules'). This has been the regular practice which was never objected to by the respondents. Of late, however, the respondents started insisting that the petitioner should carry the 'certificate of fitness' as well. They even started seizing the vehicles on the ground that they did not carry the certificate of fitness on their way to different sale centres. In these circumstances, the present writ petition was filed seeking a declaration and mandamus that the petitioner is not obliged to take and carry the certificate of fitness with respect to unsold vehicles while being sent to different sale centres and, further quashing of the communications dated 7.4.93 and 24.9.94 issued to it in this regard. Copy of the letters are marked Annexures 1 and 3 of the writ petition.

(3.) From the impugned communications it appears that the petitioner is being asked to obtain the certificate of fitness in view of a notification of the Central Government being S.O. 419(E) dated 8.6.89 issued under Section 66(3)(g) as well as the provisions of Section 56 of the Act.