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2025 Supreme(Raj) 2197
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL, J.
Vikram Singh, S/o Shri Umrao Singh – Petitioner
Versus
The State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur and Ors. – Respondents
S.B. Civil Writ Petition No. 16306 of 2024 Connected With S.B. Civil Writ Petition No. 16865 of 2024, S.B. Civil Writ Petition No. 16987 of 2024
Decided On : 03-01-2025
For the Petitioner: Mr. Sultan Singh Kuri with Mr. Bhagirath Singh Kuri.
Only the original registering authority can cancel vehicle registration under the Motor Vehicles Act, but other authorities may issue show cause notices and conduct inquiries without overstepping their authority.
Headnote:(A) Motor Vehicles Act, 1988 - Section 55(2) - Show cause notice issued by the Additional Regional Transport Officer - Petitioner challenged the notice arguing only the original registering authority can cancel registration - Court found no illegality as other authorities can issue notices and conduct inquiries. (Paras 3, 4, 5)
(B) The court emphasized that while cancellation of registration lies solely with the original authority, issuing notices and inquiries can be performed by other authorities, ensuring procedural compliance.
Facts of the case:
The petitioner contested a show cause notice regarding vehicle registration issued by the Regional Transport Authority, asserting jurisdiction limitations based on the original registering authority's location.
Findings of Court:
The court dismissed the writ petitions stating that the show cause notice had not violated any legal provisions.
Issues: Whether the notice issued by a non-original authority is valid under the Act.
Ratio Decidendi: The court held that while cancellation is reserved for the original authority, other authorities retain the power to initiate proceedings through show cause notices.
Result: Writ petitions dismissed.
Judgment :
MAHENDAR KUMAR GOYAL, J.
Since, all these writ petitions share similar facts and a common question of law, they have been heard together and are being decided vide this common order.
2. For the sake of convenience, the facts are being referred from the file of S.B. Civil Writ Petition No. 16306/2024: Vikram Singh V/s State of Rajasthan .
3. Under challenge in the writ petition is the show cause notice dated 09.09.2024 issued by the Additional Regional Transport Officer (City), Jagatpura, Jaipur under Section 55(5) of the MOTOR VEHICLES ACT , 1988(for brevity, “Act of 1988”).
4. The only contention advanced by learned counsel for the petitioners to assail the aforesaid show cause notice is that under Section 55(2) of the Act of 1988, it is only the original registering authority which is empowered to cancel the registration and not any other registering authority. Inviting attention of this Court towards the registration certificate issued in petitioner’s favour on 17.11.2018, he would submit that since, the original registering authority is the Transport Authority situated at Kotputli, the impugned notice issued by the Transport Authority, Jagatpura, Jaipur is bad in law not being the original registering authority. He, therefore, prays that the writ petitions be allowed and the notice impugned be quashed and set-aside.
Heard. Considered.
Section 55(2) of the Act of 1988 reads as under:
“Cancellation of registration-:
(2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration.”
5. The aforesaid provision provides in no uncertain terms that although, the registration certificate can only be cancelled by the original registering authority; but, other registering authority is also empowered to issue show cause notice and conduct an inquiry in the matter. However, if cancellation of the registration is required, such authority shall forward the report and the certificate of registration to the original registering authority for its cancellation. Thus, it nowhere denudes any registering authority other than the original registering authority from issuing any show cause notice and/or conducting an inquiry in the matter.
6. In view thereof, this Court does not find any illegality in the show cause notice issued by the Regional Transport Authority, Jagatpura, Jaipur since, it does not amount to the cancellation of the registration certificate for which, obviously, only the original registering authority is empowered and entitled. Resultantly, these writ petitions are dismissed being devoid of merit. Pending application(s), if any, also stands disposed of.
