L.NAGESWARA RAO, S.RAVINDRA BHAT
State of M. P. – Appellant
Versus
Rakesh Sethi – Respondent
JUDGMENT :
S. RAVINDRA BHAT, J.
1. This appeal challenges a judgment of the Madhya Pradesh High Court which quashed Rule 55A of the Motor Vehicles Rules, 1994 (hereafter “the State Rules”) framed by the Madhya Pradesh State (hereafter “the state”) and published by it. The respondent (hereafter “the vehicle owner”) had approached the High Court, contending that the said rule was ultra-vires the states power under the Motor Vehicles Act, 1988 (hereafter “the Act”) and the Central Motor Vehicle Rules, 1989 (hereafter “the Central Rules”). The High Court accepted his contentions.
2. The vehicle owner purchased the motorcycle in May, 2004 and applied for its registration on 25-05-2004 before the concerned registering authority, through the prescribed application in Form No. 20. By an order (of 27-05-2004), the registering authority rejected the application, stating that the vehicle owner’s claim for allotment of registration number MP-KL-4646 could not be accepted, as the petitioner had not paid the required fee prescribed for allotment of that number. The motorcycle was allotted another number (MP-20-KL-5100) which the petitioner did not want. He therefore, approached the High Court in wr
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