O R D E R:

Writ Petition No.37110 of 2024 was filed to declare the action of Respondents 2, 4 and 5 therein in not implementing the guidelines issued by the Ministry of Road Transport and Highways (MVL Section) vide No.11036/57/2020-MVL dated 03.02.2023, and in insisting upon payment of Rs.1,89,703/- towards life tax for registration of petitioner's Kia Carens vehicle bearing Chassis No.MZBGB814LRN209102K, as illegal, arbitrary, violative of Article 14 of the Constitution of India and contrary to the Rights of Persons with Disabilities Act, 2016. The petitioner sought a consequential direction to Respondents 2, 4 and 5 to register the said vehicle without insisting upon payment of life tax.

1.1. It is stated that on 02.01.2025, interim order was passed directing Respondent Nos.2, 4 and 5 to consider the representations of petitioner for registration of the subject vehicle under "Divyangjan" category and to extend all facilities and benefits, including life-tax exemption, applicable to adapted vehicles under the relevant guidelines. The matter was directed to be listed on 20.01.2025. Pursuant to the interim order dated 02.01.2025, petitioner is stated to have submitted representation dated 20.01.2025 to Respondent No.3 enclosing a certified copy of the order and thereafter sent reminder e mails dated 21.01.2025 and 24.01.2025 seeking implementation of the interim directions.

1.2. It is stated that Respondent No.3, by e mail dated 25.01.2025, informed petitioner that a letter had been addressed to the Transport Commissioner seeking instructions regarding implementation of the interim order relating to tax exemption for the vehicle. Respondent No.3 further stated that the office had no power to grant life-tax exemption and that exemption was a policy decision to be taken by the Government under Section 9(1)(a) of the Telangana Motor Vehicles Taxation Act, 1963, and further action would be taken upon receipt of instructions from the Transport Commissioner's Office.

1.3. According to petitioner, the communication dated 25.01.2025 demonstrates that Respondent No.3 was acting under the directions of Respondent No.2 and despite acknowledging receipt of the Court order, effective steps were not taken to implement the interim directions. Respondent No.3 thereafter, issued Memo No.21/A1/2024 dated 31.01.2025 stating that exemption from payment of Motor Vehicles Tax granted under G.O.Ms.No.351, Tr. & R&B (Tr-II) Department, dated 29.08.1978 and G.O.Ms.No.12, Tr. & R&B (Tr-II) Department, dated 29.03.2022 was not applicable as the vehicle was not an adapted vehicle and was not an automatic transmission vehicle to be driven exclusively by petitioner, therefore she was required to pay Motor Vehicles Tax as applicable under law.

1.4. It is alleged that despite the interim directions dated 02.01.2025, Respondents failed to grant the relief sought by petitioner, resulting in continued hardship. As the Registration Certificate (RC) was not issued due to insistence on payment of life tax, major insurance companies including Bajaj General Insurance and Reliance General Insurance refused renewal of the motor insurance policy notwithstanding submission of the chassis number, engine number, expired temporary registration, purchase documents and copy of the interim order. Petitioner therefore, is stated to have lodged a complaint before the Insurance Regulatory and Development Authority of India (IRDAI) and thereafter raised a grievance before the Insurance Ombudsman. The Ombudsman process may take approximately 90 to 120 days and, until adjudication, the vehicle remains uninsured, exposing petitioner to legal and financial risks.

1.5. It is further stated that owing to non-issuance of RC and jurisdictional restrictions, petitioner has been unable to use the vehicle outside Hyderabad for approximately one year and was compelled to undertake air travel to Chennai, Bengaluru, Mumbai and other cities for essential purposes, resulting in expenditure towar