22.04.2025. PB Sl. No.53. Ct. No.25. WPA 7826 of 2025 TI Clean Mobility Pvt. Ltd. & Anr. Vs. The State of West Bengal & Ors. Mr. N. I. Khan, Mr. Amlan Kr. Mukherjee. … For the Petitioners. Mr. Pantu Deb Roy, Mr. Pannalal Bandopadhyay. … For the State. The subject matter of the writ petition is with regard to non-issuance of the certificate of registration as regards the battery operated vehicles manufactured by the writ petitioners. According to the writ petitioners, battery operated vehicles manufactured by it include e-rickshaws and e-cart. The petitioner has elaborated his contentions as above, in paragraph 1 of the writ petition. Mr. N. I. Khan appearing for the petitioners would therefore submit that the present case may be dealt with similarly with the various matters relating to e-rickshaws and e-cart in which the Court has on several earlier occasions passed orders. To the submissions and prayer of the writ petitioner as above, Mr. Mukherjee appearing for the private respondent has serious objections to raise. Mr. 2 Mukherjee would firstly say that the writ petition does not contain any prayer with respect to other kind of vehicles excepting e-rickshaws and e-cart. Secondly, he would say that the notices challenged in the present writ petition, that is, dated January 13, 2022 and July 13, 2022 are with respect to the e-rickshaws and e-cart only. Mr. Mukherjee would further indicate that the Title Suit No. 27 of 2018 which is pending before the Additional District Judge, 13th Court, Alipore, in which the injunction order has been passed deals with the e-rickshaws and e-cart only. Therefore, according to Mr. Mukherjee in the present writ petition no order can be passed as regards any other kind of vehicle, excepting e-rickshaws and e- cart, if at all. The petitioner has filed the supplementary affidavit in this case to incorporate prayer as quoted below:- “A writ in the nature of Mandamus commanding the Respondent Authorities to forthwith direct all the Regional Transport Offices situated in the State of West Bengal to issue certificate of registration in respect of e-rickshaws/E-loader/Garbage Cleaner/Two Wheelers manufactured by the petitioners which are manufactured under the certification and specification of the Central Agency as per Rule 126 of the Central Motor Vehicles Rules, 1989 and as the technology of the manufactured vehicles is totally different to the that of the Patented Product as the petitioners uses Lithium Ion and Lead Cell Battery and not Fuel Cell Batteries and thus there is no impediment regarding grant of registration certificate as per the Motor Vehicles Act, 1988 and the Rules framed thereunder.” 3 To the same, Mr. Mukherjee raises objection to submit that the supplementary affidavit cannot extend the scope of the writ petition. The Court however finds that accepting submissions of the private respondent would amount to multiplicity of proceeding in so far as that would imply filing writ petitions separately, by separate kinds of vehicle manufacturers or filing various writ petitions by one person, who manufactures different kinds of e- vehicles and e-cart. The issues involved in the present case is relating to usage of a particular nature of battery in the e-vehicles and not as regards the category of vehicles as mentioned. In a bunch of writ petitions earlier, by differentiating the e-rickshaws and e-cart on the ground of usage of different kind of batteries, that is, Lithium Ion and Lead Cell Battery on one hand and on the other hand for the other vehicles Fuel Cell Battery, used in the respective vehicles, the matters have been adjudicated by the Court. The Court finds that if the other category of vehicles as mentioned by the present writ petitioner in this writ petition, excepting the e- rickshaw and e-cart, that is, the e-cart, have an usage of any of these kind of battery, can be considered within the same category as the e-rickshaws that are already dealt with in the said bunch of the writ petitions. Hence, the objections raised by the private respondent in this case is considered and rejected. 4 The reason for refusal for grant of such registration of e-rickshaw vehicles and e-cart of the petitioners by the respondent authority is an order of injunction passed by the Additional District Judge, 13th Court, Alipore dated 24th February, 2020 in Title Suit No. 27 of 2018 regarding registration of battery operated eco-friendly e-rickshaws and e-cart. The impugned memos have been issued in the year 2022. The memo dated January 13, 2022 restricts registration of battery operated eco-friendly vehicles, in terms of the order passed in the title suit as mentioned above. The memo dated July 13, 2022 allows registration of e-rickshaws manufactured by M/s Mahindra & Mahindra Limited. Learned Advocate Mr. N.I. Khan appearing for the writ petitioners submits, that the decision taken by the authorities vide the impugned memo dated July 13, 2022 shall squarely apply in case of the present petitioners. Hence, he says that there would not be any impediment for the respondent authority to register the said battery operated vehicles. Learned Advocate Mr. N.I. Khan appearing for the writ petitioners has also indicated that on several occasions earlier in similar cases, the Court has granted relief to the petitioners. Hence, it urged that the present writ petition be similarly dealt with. 5 Mr. Deb Roy, learned Additional Government Pleader, is representing the State. So far as the decision of this Court earlier in other writ petitions dealing with the similar issue, is concerned, the same has not been disputed. The Civil Court by dint of its order dated February 24, 2020, in the title suit as mentioned above has restricted registration of a particular kind of e-rickshaw and e-cart manufactured with a particular kind of battery (Fuel Cell Battery). By dint of the order by this Court dated February 16, 2022 in WPA 2070 of 2022, the Court directed the Transport Directorate, Government of West Bengal for granting registration to the e-vehicles manufactured by the petitioners therein, subject to the said vehicles/batteries being different and distinct from the category forming the subject matter of the suit before the Civil Court. The difference is basically on the basis of the battery characteristics and its component as used in the e-rickshaw vehicles. Whereas the Civil Court has restricted by an order of injunction, registration of e- rickshaws and e-cart containing fuel cell battery, the High Court has directed for registration of the e- rickshaw containing battery of other kinds excepting fuel cell battery. By virtue of the said order of the High Court in the said case and in many other cases, e-rickshaws 6 and e-cart have been registered which contain the other kind of battery, that is, lead acid battery. Petitioners’ vehicle can be considered in the following category, that is, lead acid battery. The petitioners have enclosed a certificate to that effect in the writ petition. The same being different from the category of battery used in the e-rickshaws and e-cart, registration of which has been injuncted by the Civil Court and also being of the similar kind of battery, registration of which has been permitted by the High Court on earlier occasions, there would not be any impediment to allow the present writ petition. Hence, the writ petition is disposed of with the direction upon the Transport Directorate, Government of West Bengal being the Respondent No. 3 to issue necessary direction upon the concerned regional transport offices to grant registration to the e-vehicles manufactured by the petitioners subject to the said vehicles being different and distinct from the category forming subject matter of the title suit pending before the learned Additional District Judge, 13th Court, Alipore, and also subject to compliance with Rule 126 of the Central Motor Vehicles Rules, 1989 and all other formalities prescribed under the Act/Rules by the petitioners and also upon consideration of relevant documents to be placed by the petitioners before the authority. 7 The registering authority shall be at liberty to consider all relevant material regarding the pending proceedings in the Title Suit No. 27 of 2018, at the time of registration of the petitioners’ e-vehicles. The entire exercise should be completed within two months from the date of communication of this order. With the above observations and directions the writ petition being WPA 7826 of 2025 is disposed of. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Rai Chattopadhyay, J.)