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2000 Supreme(Pat) 29

M.Y.EQBAL
Shekhar Bhushan Nag – Appellant
Versus
State Of Bihar – Respondent


Judgment

M.Y.Eqbal, J.

1. In this writ application, the petitioner who is a licence-holder of an authorized Testing Station, seeks issuance of an appropriate writ directing the respondents particularly respondent No. 4, the Regional Transport Authority, to issue road permit on the basis of the fitness certificate issued by the petitioner which certificates do not bear the counter signature of the Joint Transport Commissioner. Bihar.

2. The undisputed facts are that the petitioner was granted a licence of an authorized Testing Station under the provisions of Sec. 56 of the Motor Vehicles Act, 1988, The petitioner, after inspecting of the vehicles, issued fitness certificates to the owners of the vehicles. The owners of those vehicles accordingly, moved the Transport Authority for grant of road permits but the same was refused on the ground that the fitness certificates so issued by the petitioners Testing Station is not countersigned by the Joint Transport Commissioner.

3. Mr. S.L. Agrawal, learned Counsel for the petitioner firstly submitted that neither under Sec. 56 or any other provisions of the Motor Vehicles Act nor under the rules framed by the Central Government or the State








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