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2021 Supreme(J&K) 61

ALI MOHAMMAD MAGREY, VINOD CHATTERJI KOUL
Zahoor Ahmad Bhat – Appellant
Versus
Government of J. K. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Faisal Qadri, Mr. Altaf Mehraj, Mr. Fasil Javid, Mr. Mukhtar Ahmad.
For the Respondents: Mr. D.C. Raina, Mr. Hakim Aman Ali, Mr. Sajad Ashraf.

JUDGMENT :

ALI MOHAMMAD MAGREY, J.

1. The common issue raised in these two writ petitions is proposed to be decided by common order.

2. In these two writ petitions challenge is made to circular bearing No. RTO/K/Estt/85-95 dated 27.03.2021, issued by respondent No. 3-RTO, Kashmir, in terms whereof, the vehicle owners, who have purchased their vehicles from outside Jammu and Kashmir Union Territory bearing outside registration mark, are asked to apply for a new registration mark as per the provisions of Sections 47 and 50 of Motor Vehicles Act, 1988 read with Rule 54 of Central Motor Vehicle Rules 1989 within 15 days from the date of Circular/notification viz. 27.03.2021, failing which action as warranted shall be initiated against them.

Brief Facts:

3. Petitioner in WP (C) No. 669/2021, claims to be the owner of vehicle bearing registration No. DL-4C-NB-6748, purchased at Delhi and registered under Transport Authority Government of NCT Delhi, usually travels to Delhi for various purposes as also rest parts of the country, therefore, submits that in terms of provisions of Motor Vehicle Act and Rules, no assignment of new registration mark is required with application of Sections 47 and 5

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