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ANJANI KUMAR MISHRA, JAYANT BANERJI
Vindavan Auto Sales – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Anjani Kumar Mishra, J.
1. Heard counsel appearing for the various petitioners in these bunch of writ petitions and learned Standing Counsel.
2. Under challenge in some of these petitions is the Notification No. 361/Sa Pra Sha/2023/Mathura dated 7.11.2023 issued by the Assistant Regional Transport Officer (Administration/Registering Authority), Mathura.
3. In the petitions pertaining to District Agra, under challenge, is the Office Order No. 3961/Sa Pra/Ka Aa/e-Rickshaw/e-Auto/2024 dated 8.1.2024 passed by the Assistant Regional Transport Officer (Administration/Registering Authority), Agra.
4. By these orders, registration of e-Rickshaw and e-Auto has been banned in Mathura and Agra, respectively, in purported exercise of powers under Rule 178 of the U.P. Motor Vehicle Rules, 1998.
5. Although, this order states that this restriction is being imposed on account of mushrooming number of e-Rickshaw both in Agra and Mathura leading to incessant traffic jams. The petitioner, Agra e-Vahan Vyapar in Writ Petition No. 881 of 2024 is a registered Associations of e-Vehicles Dealers in Agra. All other petitioners are dealers in e-Rickshaw and e-Auto Rickshaw.
6. The primary contention o
Authorities cannot impose a blanket ban on vehicle registrations without explicit legislative authority, as it exceeds the powers granted under existing rules.
The State is responsible for ensuring the registration of E-rickshaws and stopping the illegal plying of unregistered E-rickshaws.
The court upheld the right to register e-rickshaws subject to conditions, affirming compliance with statutory guidelines amidst ongoing related litigation.
Statutory rights for vehicle registration must comply with specified regulations while considering existing legal precedents.
Court mandated issuance of vehicle registration for e-rickshaws, citing similar previous orders, contingent on compliance with regulations and ongoing litigation.
The court mandated the registration of battery-powered rickshaws to enhance public safety and compliance with speed regulations, ruling against unregulated operation.
The competence of the Central Government to issue notifications under Section 88 of the MV Act for tourist vehicles and the competence of the State Government to lay down rules for the uniform to be ....
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