Pending e-challans bar vehicle registration under Rule 167(7) of the Central Motor Vehicles Rules.

JUDGMENT

The petitioner purchased a Totyota Fortuner car. The vehicle was originally registered in Delhi with registration No.DL-10- CE-7267. According to the petitioner, the respondent is not processing the application filed by the petitioner for registration of the vehicle in Kerala, after paying the tax payable by the petitioner, on the ground that there are certain e-challans are pending in respect of the vehicle.

2. The learned counsel appearing for the petitioner submits that, since the original registering authority has issued a no objection certificate, the fact that the e-challans are pending, cannot be a ground to deny registration to the petitioner. It is submitted that the petitioner has no means even to contest the e-challans as those are against the previous owner of the vehicle. It is submitted that, the petitioner has also filed an afÏdavit undertaking to pay any amount due under the e-challans, if the same is demanded at any later point of time. Lastly it is submitted that the denial of registraion, actually results in loss of revenue for the State of Kerala.

3. The learned Government Pleader submits that the prayer sought for in the writ petition cannot be granted as the same would be directly contrary to the provisions of Sub-Rule 7 of Rule 167 of Central Motor Vehicles Rules, 1989. It is submitted that a reading of Sub-Rule 7 of Rule 167 of the Central Motor Vehicles Rules will indicate beyond doubt that where there are e-challans pending in respect of the vehicles, services other than issuance/surrender of permits, fitness, payment of tax on the motor vehicle, cannot be granted. It is submitted that Rule 167 (7), specifically prohibits registration of the vehicle and therefore, even if the petitioner is willing to pay the taxes payable to the State of Kerala and is also willing to meet any liability, if subsequently demanded from the petitioner, the petitioner’s vehicle cannot be registered without the petitioner paying the amounts due under the e-challans. It is also submitted that the matter stands covered by a judgment of a learned Single Judge of this Court in W.P. (C)No.42093/2023 which in turn followed a Division Bench judgment of this Court in Writ appeal No. 402/2021 .

4. Having heard the learned counsel appearing for the petitioner, and the learned Government Pleader and having perused the provisions of Rule 167 (7) of the Central Motor Vehicles Rules, 1989, I am of the view that the petitioner cannot seek registration of the vehicle without clearing the amounts payable under the e-challans, in the light of the specific provisions, which indicate that services such as registration cannot be granted to a vehicle in respect of which an e-challan is pending. In the judgment in W.P.(C)No.42093/2023, this Court held as follows:

“4. The facts are not in dispute. The petitioners cannot deny the pendency of five (5) check reports and ten (10) e- challans with respect to the vehicle in question. The question is whether the 1^st petitioner can transfer his motor vehicle in favour of the 2^nd petitioner without discharging/settling the said e- challans and check reports. Rule 167 of the Rules, which is the part of Chapter-VIII – Offences, Penalties and Procedure - prescribes procedures for issuance and payment of e-challans.

Rule 167 of the Rules, on re-production, reads as under:

“167. Procedure for issuance and payment of challan.- (1) Any police officer in uniform or any other officer, authorised by the State Government in this behalf shall issue a challan through system or e-challan facility physical or electronic form, to a person acting in violation of the provisions of the Act.

(2) Notwithstanding anything contained in sub-rule (1), in case of any person violates the provisions of the Act, the State Government or designated agency