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C. M. POONACHA
Ranjith K. p. – Appellant
Versus
Principal Secretary To Government Transport Dept. – Respondent
JUDGMENT
1. WP.No.683/2022 is filed seeking the following reliefs:
"i) Issue a Writ of Mandamus or any other appropriate Writ or order quashing the impugned Notification No.TC/Regn-1/PR-412/2021-22 dtd. 20/12/2021 passed by the Commissioner of Transport and Road Safety, Bangalore at Annexure-K and direct the Respondent No.2 to grant BH series registration to the Petitioner.
ii) Pass any other orders/direction as this Hon'ble Court deems fit in the circumstances of the case.
iii) To award costs."
2. WP.No.2153/2022 is filed seeking the following reliefs:
"(a) Issue a writ of certiorari or any other appropriate writ or order setting aside the Communication bearing number SaAa/Nondani- 1/PR-412/2021-22 dtd. 20/12/2021 issued by the Respondent No 2 (at Annexure - H).
(b) Issue a writ of mandamus or any other appropriate writ or order directing the Respondent No 1 to grant the BHSeries registration mark to the Petitioner's vehicle, being a metallic magma gray-Z7Q Maruti Wagon R XVI (O) IL AGS- WAA4CVA car,having Chassis number MA3JMT31SMF494697 and Engine Number K10BN8536497, in accordance with Sec. 39 of the Motor Vehicles Act, 1988 read with the Central Motor Vehicles (Twentieth Amendment)
The Central Government has the power to make rules regarding vehicle registration under Sec. 64 of the MV Act, and the State Government cannot restrict compliance with the Central Motor Vehicles (Twe....
The Central Government's notification and rules for BH series registration, along with the obligation of the State Government to implement them under Article 256 of the Constitution of India, formed ....
The Central Government can prescribe principles for vehicle taxation but lacks authority to set tax rates, which are within State jurisdiction.
The writ petition was dismissed as infructuous after granting the initial prayer for implementation of BH-series registration.
The Central Government can prescribe principles for motor vehicle taxation, but the actual rates are within the exclusive domain of the States under the MV Act.
The State Government lacks the jurisdiction to levy fees for the mandatory replacement of old motor vehicle registration marks with new series numbers, as the exclusive power to regulate registration....
Motor Vehicle - Power/jurisdiction for assigning a new registration mark on a vehicle - Assignment of new registration mark but deem it proper to reiterate that if vehicle once registered in any Stat....
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