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2025 DAILYLAW 29641 (CHH)

THE FEDERATION OF AUTOMOBILE DEALERS ASSOCIATIONS v. STATE OF CHHATTISGARH

WPC/3534/2022 · 2025-03-10

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:11775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3534 of 2022 1. The Federation Of Automobile Dealers Associations A Company Registered Under Section 25 of The Companies Act, 1956 Having Its Registered Office At 19, Kasturba Gandhi Marg, New Delhli 110001, Through Its Chief Executive Officer Mr. Saharash Damani, S/o R.L. Damani, Aged About 39 years, R/o G-4A, Green Park Extension, New Delhi 110016. ... Petitioner versus 1. State Of Chhattisgarh Through Its Secretary, Department Of Road Transport Indrawati Bhawan, Atal Nagar, Nawa Raipur. 2. The Transport Commissioner Chhattisgarh Department Of Road Transport, C Block, Third Floor, Indrawati Bhawan, Naya Raipur, Atal Nagar. 3. Union Of India Through Its Secretary, Ministry Of Road Transport & Highways, Transport Bhawan, 1 Parliamentary Street, New Delhi 110001. ... Respondents For Petitioner : Shri Hrishikesh Chitaley, Advocate (through Video Conferencing) For Respondent/State : Shri Praveen Das, Dy. Adv. General For Respondent/UOI : Shri Sumit Singh, Advocate Order on Board By Bibhu Datta Guru, J. 10/3/2025 1. By the present petition, the petitioner is seeking quashment of the communication dated 7-4-2022 issued by the respondent No.2 by which the representation made by the petitioner has been rejected. The petitioner further seeking a direction towards the respondent authorities to register all 2 such BS-IV vehicles within the State of Chhattisgarh whose details have been uploaded on the e-Vahan Portal on or before 31-3-2020. 2. By referring the order dated 30-11-2021 passed by the Supreme Court in the matter of M.C. Mehta v Union of India & Ors.1, learned counsel appearing for the petitioner would submit that the Supreme Court has directed in a very specific manner that the sale of the vehicles which have been uploaded on e-Vahan portal before 31-3-2020 can be registered by the concerned transport authorities provided that the temporary/ permanent registration was granted before the cut off date, i.e. 31-3-2020. The same has also been reiterated by the Supreme Court vide order dated 6-4-2022 that registration of the vehicle should be done without insisting on the applicants approaching this Court (Supreme Court) for suitable orders. 3. At this juncture, learned counsel appearing for the State, on instructions, would submit that in view of the orders and directions of the Supreme Court, the respondents shall take necessary steps. 4. I have heard learned counsel appearing for the parties and perused the documents as also the orders of the Supreme Court. 5. In view of the orders of the Supreme Court and considering the submission made by the learned counsel appearing for the State, the present writ petition is disposed of with a direction to the respondent authorities to consider each and every application, strictly in terms of the directions and orders passed by the Supreme Court, as stated supra. 6. With the aforesaid observation, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Gowri Judge 1 Writ Petition(s) Civil No(s).13029/1985 K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.03.10 16:37:01 +0530