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 (Twentieth Amendment) Rules, 2021.

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) Rules, 2021.

(c) Issue a writ of mandamus or any other appropriate writ or order directing the Respondent No 3 to implement the Central Motor Vehicles (Twentieth Amendment) Rules, 2021 in the State of Karnataka, in letter and spirit.

(d) Grant such other orders as may be just including the costs of this Petition, in the interests of justice."

3. Since the main relief sought in both the above Writ Petitions is quashing of the Communication bearing No.TC/Regn-1/PR-412/2021-22, dtd. 20/12/2021 issued by the Commissioner of Transport and Road Safety, Government of Karnataka, Bangalore, they were heard together and are being disposed off by this common order.

4. It is the case of the Petitioner in WP.No.683/2022 that he is employed in M/s Fortinet Technologies India Pvt. Ltd., (hereinafter referred to as the 'Company') as a Director w.e.f., 1/12/2015 and that, it is a transferable job. The said Company has its offices across India and regional offices in Karnataka, Tamil Nadu, Maharashtra and Kerala. That the Petitioner has purchased a Toyota Fortuner Sigma IV (AT) from M/s Ravindu Toyota, Victoria Road, Bangalore.

5. It is the case of the Petitioner in WP.No.2153/2022 that she is employed as a Team Lead for the Project Management Team at Accenture Solutions Pvt., Ltd., which Company has branches all over the country and the said job of the Petitioner is subject to transfer within India. That on 7/9/2021 she has purchased a metallic magma gray -Z7Q Maruti Wagon R XVI (O) 1L AGS-WAA4CVA car, having chassis number MA3JMT31SMF494697 and engine number K10BN8536497 from Varun Motors Pvt. Ltd., Malleshwaram, Bengaluru.

6. It is the case of the Petitioners in both the Writ Petitions that, the Ministry of Road Transport and Highways (hereinafter referred to as 'MORTH'), Government of India, vide Notification bearing No.G.S.R.594(E), dtd. 26/8/2021, introduced a new registration mark for new vehicles called "Bharath Series (BH-Series)" and that the marking will not require an assignment of a new registration mark when the owner of the vehicle shifts from one State to another. That as per the said Notification dtd. 26/8/2021, the vehicle registration facility under BH-Series will be available on voluntary basis to defence personnel, employees of Central Government/State Government, Central/State Government Public Sector Undertakings, private sector companies/organizations which are having their offices in 4 or more States/Union Territories. That the Petitioners after purchase of the vehicles sought for registration of their vehicles as per the BH-Series. However, they were informed by the dealer that the on-line portal is not accepting BH-Series registration for private individuals. Further, it is contended by the Petitioners that the Transport Offices in the State o