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2025 DAILYLAW 16480 (UTT)

RAJESH RAWAT v. STATE OF UTTARAKHAND

WPMS/2996/2025 · 2025-11-06

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9786 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 2 9 9 6 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Saurabh Kumar Pandey, Advocate for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand. 3. According to the petitioner, on 31.03.2021, he purchased an excavator (JCB) and thereafter he applied for registration thereof before the Regional Transport Officer, Haldwani on 07.04.2021, however, no decision has been taken on his application. 4. By means of this writ petition, petitioner has sought the following reliefs: - “1. Issue an appropriate writ, order or direction in the nature of Mandam us, commanding the Respondents to forthwith complete the registration of the Petitioner's Excavator (Comm ercial Vehicle, BS-3 category), purchased on 31/ 03/ 2021, with effect from the date of original application ie.. 08/ 04/ 2021, and to issue the certificate of registration without any further delay; 2. Direct that the said registration be given retrospective effect from 08/ 04/ 2021 so as to protect the Petitioner's accrued rights and to enable him to deploy the machine for lawful commercial purposes; 3. Award public law compensation to the Petitioner for the grave financial injury, loss of livelihood, mental agony and social distress suffered by him over a period of m ore than four years, on account of Respondent’s failure to discharge their statutory duty.” 5. Learned counsel for the petitioner submits that on 07.04.2021, petitioner had deposited `9,320/ - towards application fee 2025:UHC:9786 and other expenses, therefore, there is no reason or justification for not registering the excavator. 6. Learned State Counsel, however, submits that petitioner produced the vehicle before the Regional Transport Officer only on 17.05.2022, and before any further steps could be taken by the office of Regional Transport Officer, the pollution norms was changed and only such vehicles which confirm to BS-4 pollution norms, were entitled for registration. 7. Learned State Counsel submits that if petitioner makes representation to the Joint Transport Commissioner, Dehradun, then he will look into the matter and pass appropriate order, as per law. 8. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to Joint Transport Commissioner, Dehradun, within one week from today. If, petitioner makes representation regarding registration of the excavator, Joint Transport Commissioner shall examine the matter and pass appropriate order, as per law, within three months thereafter. ( Man oj Ku m ar Tiw ar i, J.) 06.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046 f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21C E5, cn=NAVEEN CHANDRA Date: 2025.11.06 17:36:41 +05'30'