Point of Law:
Circular dated 16.6.2010 only restricts those vehicles which are manufactured after 1.4.2010 complying with Bharat Stage-III norms and such restriction cannot be made applicable for transfer of vehicle having Bharat Stage-III norms from any other region or cities to the city of Ahmedabad.

JUDGMENT :

R.M. CHHAYA, J.

1. By this appeal under Clause 15 of the Letters Patent, the appellant – original petitioner has challenged the judgment and order dated 7.2.2014 passed by the learned Single Judge of this Court in Special Civil Application no.7682 of 2013, whereby the learned Single Judge was pleased to dismiss the petition as being devoid of merit. The parties, as mentioned in the writ petition, are mentioned in this judgment and order as per their original status in the petition.

2. The petitioner, as a President of Automobile Association, Ahmedabad, has preferred the petition and has prayed as under in the writ petition:-

"(A) Your Lordships be pleased to admit and allow this petition;

(B) Your Lordships be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent no.3 to take the note of transfer of the vehicle in the records of the respondent no.3 and implement the Circular dated 5/4/2010 from the Ministry of Road Transport & Highways of the Government of India and set aside the instructions issued by the respondent no.2 by a circular dated 16/06/2010 for not transferring the vehicles manufactured after the date 01/04/2010;

(C) Your Lordships be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent no.3 to accept the applications for transfer of the vehicles manufactured on or before 1/4/2010 and implement the Circular dated 5/4/2010 from the Ministry of Road Transport & Highways of the Government of India.

(D) pending admission, hearing and final disposal of this petition, Your Lordships be pleased to direct the respondent no.3 to accept the applications for transfer of vehicles manufactured on or before 1/4/2010 and to carry out due process for recording the transfer accordingly;

(E) ... ... ..."

3. The petitioner has thus prominently challenged the restrictions on transfer as contemplated in the Appendix to the circular dated 16.6.2010 issued by the respondent authorities.

4. Following noteworthy facts are necessary to be enumerated:-

4.1 That, the Government of India, Ministry of Road, Transport and Highways issued instructions to all States by a letter dated 5.4.2010 with regard to the registration of four wheeler vehicles with effect from 1.4.2010. By a notification no. GSR/84/E dated 9.2.2009, the Director (Road Transport), Ministry of Road, Transport and Highways notified the implementation of Bharat Stage-IV norms for four-wheeler vehicles in National Capital Region and ten other cities i.e. Delhi, Mumbai, Kolkata, Chennai, Ahmedabad, Bangalore, Hyderabad, Secunderabad, Kanpur, Pune, Surat and Agra with effect from 1.4.2010. By the said notification, such norms is made applicable on or after 1.4.2010. The said notification, inter-alia, provided that the vehicles with Bharat Stage-III compliant manufactured upto 31.3.2010 would be eligible for registration in the above-mentioned cities for some time after 1.4.2010 till the accumulated stock is exhausted. As the record indicates, the Regional Transport Authority implemented the said instructions by a Yadi dated 19.6.2010. The Appendix to the circular dated 16.6.2010 contains various instructions which were often raised in connection with the emission norms. The relevant remark therein reads as under:-

4.2 Record further indicates that the petitioner approac