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2008 Supreme(Online)(Jhk) 2

JHARKHAND HIGH COURT
Amareshwar Sahay, J
Nag's Auto Testing Station (M/s.) v. State of Jharkhand and Others


Advocates:
For the Appellants/Petitioners: V. P. Singh
For the Respondents: R. N. Sahay, A. K. Sinha

1. M/s. Nag Auto Testing Station is the petitioner herein. The petitioner is one of the testing stations, who has been authorized
to grant certificate of fitness to motor vehicles under the license granted by the State under S.56 of the Motor Vehicles Act, 1988 . The State issued notification dated 10-9-2003, requiring the Authorized Testing Stations to obtain counter - signature from the Motor Vehicle Inspectors in the fitness certificates before issuing the same. Having aggrieved by the said compulsion of getting counter - signature from the Motor Vehicle Inspectors, the petitioner, the Authorized Testing Station, has filed this writ petition, challenging the validity of the said notification dated 10-9-2003, for quashing of the same.

2. The basic facts, which are relevant for the disposal of the writ petition, are as follows:
The writ petitioner is a private testing station. It has been granted license under S.56 of the Motor Vehicles Act, 1988 , to grant certificates of fitness to motor vehicles. Only on the basis of the said fitness certificates, the owners of the motor vehicles can approach the Transport Authority for issuance of road permit. Initially, the Transport Authority










































































































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