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2018 Supreme(P&H) 3654

DAYA CHAUDHARY
Vinod Kumar – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Ashish Aggarwal, Sr. Advocate with Mr. Kulwant Singh, Advocate, for the Petitioner C.W.P. No. 22319 of 2017; Mrs. Sharmila Sharma, Advocate, for the Petitioner in C.W.P. No. 15786 of 2017.; Mr. SS Mann, Sr. DAG, Haryana, for the Respondent in C.W.P. No. 15786 of 2017.

JUDGMENT

Daya Chaudhary, J. - This order of mine shall dispose of two writ petition bearing Nos. 22319 and 15786 of 2017 as common question of law and facts are involved in both the cases. For the sake of convenience, the facts have been extracted from C.W.P. No. 22319 of 2017.

2. The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of instructions dated 22.6.2017 (Annexure P-1) issued by respondent No.1 contrary to instructions dated 9.2.2009 (Annexure P-2) issued by Government of India. A further prayer has also been made for directing respondents to re-register/transfer the ownership of pre-owned BSIII complaint vehicles, in the name of the petitioners, as the same had been purchased and to get NOC from the competent authority, the vehicles were registered in other States much earlier to 31.3.2017.

3. Briefly, the facts of the case as made out in the present petition are that the petitioners purchased pre-owned BS-III vehicles prior to 31.3.2017 and also got 'No Objection Certificate' as well as fitness inspection certificate after depositing requisite fee from the concerned authori

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