BALIKA VIDYA MANDIR, JHARIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner purchased a scooter. Registration of the scooter was sought. The respondent i.e. the Transport Department refused to register the scooter and demanded the inspection fee. The demand is contained in Annexure-7 which is a letter no. 570 dated 13.3.2003/15.3.2003. Apparently, this demand has been made to issue a certificate of fitness under Rule 62 of the Motor Vehicles Act. The fee is prescribed by Rule 81 which has been referred in the counter affidavit.

(2.) Rule 62 applies to transport vehicles'. Scooter is not transport vehicle' within the meaning of the phrase as defined in Section 3(47) of the Motor Vehicles Act, 1988 . There does not appear to be any other provision for certifying fitness of a scooter.

(3.) Therefore, the demand of fee for issuance of such certificate is not justified.