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CWP No. 20134 of 2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. 20134 of 2025 Date of Decision: 30.03.2026

Gobind Expeller Company, Ludhiana

….Petitioner

vs.

State of Punjab and others

….Respondents

CORAM: HON’BLE MR. JUSTICE JAGMOHAN BANSAL

Present: Mr. Raj Kaushik, Advocate for the petitioner

Mr. Arun Jindal, Addl. A.G., Punjab

***

JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking direction to Respondent No. 3 to issue/release Registration Certificate of Vehicle No. PB-10-GU-0009 Harley

Davidson Motorcycle.

2. The petitioner purchased a Motorcycle (Harley Davidson) bearing Engine No.GX4F317574 in 2015. He requested for a special paid number PB-10-GU-0009 which was allotted vide letter dated 06.08.2019. He deposited due motor vehicle taxes vide invoice dated 13.03.2020 from date of purchase till March’ 2020 amounting to ₹84,532/-. He requested Respondent to issue a Registration Certificate for his motorcycle. He made a representation dated 20.12.2020 followed by Legal notice dated 08.03.2025

to Respondent No.3 but to no avail.

PARAMJIT KAUR SAINI

2026.03.30 04:36 I attest to the accuracy and integrity of this document

CWP No. 20134 of 2025 -2-

3. As per reply dated 10.12.2025 of Regional Transport Officers, Ludhiana, the petitioner purchased vehicle in 2015 and remained silent for four years with respect to registration of vehicle. He deposited Motor Vehicle Taxes and Registration Fee on 13.03.2020. Petitioner’s vehicle is BS-III and as per Hon’ble Supreme Court judgment in “M.C. Mehta Vs. Union of India and others” 2019 (17) SCC 490 registration of BS-III vehicle after 01.04.2017 is prohibited. Petitioner may seek refund of amount

deposited.

4. Learned counsel for the petitioner submits that respondent has denied registration while relying upon judgment of Hon’ble Supreme Court in M.C.Mehta (Supra). The said judgment is inapplicable to vehicles which were sold prior to 01.04.2017. The petitioner indubitably purchased the

vehicle in 2015.

5. Learned State counsel submits that petitioner remained silent from 2015 to 2019 and deposited tax in 2019. As per judgment in M.C.Mehta (Supra), the authorities can not issue him registration

certificate.

6. Heard the arguments and perused the record.

7. The petitioner concededly purchased motor cycle in question prior to April’ 2017. The Apex Court vide judgment dated 29.03.2017 directed that from 01.04.2017 BS-III vehicles shall not be sold in India by any manufacturer or dealer. It was further directed that Registering Authorities shall not register such vehicles from 01.04.2017. It was made clear that vehicles which have already been sold before 01.04.2017 would be excluded from aforesaid directions. The petitioner purchased vehicle prior

PARAMJIT KAUR SAINI

2026.03.30 04:36 I attest to the accuracy and integrity of this document

CWP No. 20134 of 2025 -3-

to 01.04.2017, thus, aforesaid direction of Hon’ble Supreme Court prohibiting registration from 01.04.2017 was inapplicable. Accordingly, the respondents are hereby directed to issue registration certificate of the

aforesaid vehicle within four weeks from today.

8. Allowed.

(JAGMOHAN BANSAL)

JUDGE

30.03.2026 paramjit

Whether speaking/reasoned: Yes Whether reportable: No

PARAMJIT KAUR SAINI

2026.03.30 04:36 I attest to the accuracy and integrity of this document