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2025 DAILYLAW 17544 (UTT)

JASPAL BHANDARI v. UNION OF INDIA

WPMS/3292/2025 · 2025-12-17

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11286 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS 3 2 9 2 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Vishwa Prakash Bahuguna, Advocate, for the petitioners. Mr. C.S. Rawat, Chief Standing Counsel, with Mr. Suyash Pant, Standing Counsel, for the State. Mr. Manoj Kumar, Central Govt. Standing Counsel, for the Union of India. (2) This writ petition is filed by transport operators operating in District Dehradun. According to them, in terms of provision contained in Rule 62 of Central Motor Vehicles Rules, 1989, as amended in 2022 and 2024, Automated Testing Stations for testing the fitness/ roadworthiness of motor vehicles has to be established, however the State Government has failed to operationalize Automated Testing Station at Rishikesh, even though the building therefor has been constructed in 2023. By means of this writ petition, petitioners have sought the following reliefs: “i. Issue a writ, order or direction in the nature of mandamus directing the respondents to immediately operationalize the ATC Centre at Rishikesh within a fixed time- frame. ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to restore and continue the earlier manual/ old fitness testing system at ARTO Rishikesh until the ATS becomes fully functional and capable of handling vehicle testing.” (3) Mr. Manoj Kumar, learned Counsel appearing for Union of India, submits that State Government had submitted a proposal seeking permission to provide manual access to transport operators to the authorised testing 2025:UHC:11286 stations, however the Under Secretary to the Government of India, vide letter dated 12.12.2025, addressed to Secretary (Transport), Uttarakhand, asked to submit final proposal in the matter. (4) Learned Chief Standing Counsel appearing for the State submits that manual access can be provided to transport operators only when permitted by the Central Government. He further submits that the funds for establishing plant and machinery in the Automated Testing Centre at Rishikesh is expected within a month and necessary set up would be established on or before 15th April, 2026. He assures that the State Government will ensure that the Automated Testing Central at Rishikesh becomes functional w.e.f. 16.4.2026. (5) Writ petition is, accordingly, disposed of by taking the statement made by Chief Standing Counsel on record. Petitioners shall be at liberty to move appropriate application in case State fails to fulfil its assurance given before the Court. ( Man oj Ku m ar Tiw ar i, J.) 1 7 .1 2 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.17 16:50:57 +05'30' 2025:UHC:11286