SHEKHAR BHUSHAN NAG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dated 07.08.2006 passed in C.W.J.C.NO.3726 of 1999( R ) whereby the learned Single Judge dismissed the writ petition.

(2.) The fact exposited in the aforesaid writ petition is that the appellant/petitioner is a license holder of an authorized testing station under Rule 63(1) and (5) of Central Motor Vehicles Rule 1989 by Letter of Authority no.2/1990 to run a testing station at Jamshedpur. The petitioner has established and is running the testing station. It is stated that Section 56 of Motor Vehicles Act, 1988 states that a certificate of fitness can be issued by a prescribed authority or by an authorized testing station for plying a transport vehicle. That due to the arbitrary action of the respondents, he is not being allowed to issue the certificate of fitness for the renewal of a certificate of registration for a Motor Vehicle as stipulated under Rule 52 as well as the Pollution Certificate under Rule 115 of Central Motor Vehicle Rule, 1989.

(3.) On the above facts, the appellant/petitioner had filed the aforesaid writ for issuance of appropriate writ/order/direction upon the respondents to allow the appellant/petitioner to issue the pollution certificate to the motor vehicles and to permit the petitioner/appellant to grant fitness certificate for the vehicles for renewal of certificate of registration as required under Rule 52 of Central Motor Vehicles Rule.