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2025 DAILYLAW 70393 (KAR)

M/S BHAVANI AGRO ENGINEERING SERVICES v. THE UNION OF INDIA

WP/32408/2025 · 2025-11-26

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48952 WP No. 32408 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32408 OF 2025 (MV) BETWEEN: M/S BHAVANI AGRO ENGINEERING SERVICES A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NEAR RAILWAY BRIDGE, VIJAYAPUR- 586104 SINDAGI ROAD, REPRESENTED BY ITS PARTNER VIKRAM BABU TARASE …PETITIONER (BY SRI. SIDDHARTH SUMAN., ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS PRINCIPAL SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI. 2. THE STATE OF KARNATAKA BY ITS SECRETARY MINISTRY OF TRANSPORT VIDHANA VEEDHI BENGALRU-560001. 3. THE TRANSPORT COMMISSIONER DEPARTMENT OF TRANSPORT GOVERNMENT OF KARNATAKA SHANTHINGAR BENGALURU-560027 4. NATIONAL INFORMATICS CENTRE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48952 WP No. 32408 of 2025 MINISTRY OF ELECTRONIC AND IT GOVERNMENT OF INDIA A BLOCK, CGO COMPLEX, LODHI ROAD NEW DELHI-110 003 REPRESENTED BY SENIOR DIRECTOR (IT) LEGAL INFORMATICS DIVISION …RESPONDENTS (BY SRI. AJAY PRABHU M.,ADVOCATE FOR R1 AND R4; SMT. RASHMI M RAO, HCGP FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION BEARING NO G.S.R. 201(E) DATED 05.03.2018 (i.e. ANNEXURE-A) IN SO FAR AS IT RELATES TO/SPECIFIES THE DATE 01.10.2020 AS FOUND IN TABLE 1 PERTAINING TO BHARAT STAGE (CEV/TREM) IV VEHICLES ISSUED BY THE 1ST RESPONDENT AND NOTIFICATION NO. G.S.R. 850(E) DATED 24.11.2022 (i.e. ANNEXURE-B) ISSUED BY THE 1ST RESPONDENT IN SO FAR AS IT RELATES TO/SPECIFIES THE FIGURES 01.01.2023 IN SUB SECTION 2 THEREIN, AS ARBITRARY, ILLEGAL AND UNJUST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking for the following prayers: "(a) to issue a writ of certiorari or such other appropriate writ or orders or directions, quashing the Notification bearing No.G.S.R.201(E) dated 05.03.2018 (i.e. Annexure - A) in so far as it relates - 3 - HC-KAR NC: 2025:KHC:48952 WP No. 32408 of 2025 to/specifies the date "01.10.2020" as found in Table 1 pertaining to Bharat Stage (CEV/TREM) IV vehicles issued by the 1st respondent and Notification No. G.S.R.850(E) dated 24.11.2022 (i.e. Annexure - B) issued by the 1st respondent in so far as it relates to/specifies the figures "01.01.2023" in sub section 2 therein, as arbitrary, illegal and unjust; (b) to issue a writ of mandamus or such other appropriate writ or orders or directions directing the Respondents 2, 3 and 4 to register all the Tractors of the Petitioner which are sold, but not registered as detailed in Annexures-E to E1 within the time limit as may be fixed by this Hon'ble Court; (c) to award costs and grant such other relief as this Hon'ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity." 2. Learned counsel for the petitioner submits that the Central Government had issued a clear direction to facilitate registration of the tractors. Despite this, the petitioner was prevented from registering the already sold tractors prior to the deadline of 01.07.2023. Learned counsel further submits that the issue involved in this writ - 4 - HC-KAR NC: 2025:KHC:48952 WP No. 32408 of 2025 petition is squarely covered by the decision of the Co- ordinate Bench of this Court in the case of M/S MERCURY AND OTHERS Vs. THE UNION OF INDIA1 (M/S MERCURY). 3. Learned counsel appearing for respondents do not dispute this position and submits that similarly placed persons were permitted to upload the details of tractors for registration even after the cut-off date. 4. On perusal of the order in M/S MERCURY's case (supra), this Court finds that the facts of the present case stand on an identical footing and the ratio laid down therein squarely applies. The Co-ordinate Bench in M/S MERCURY's case (supra) has held at paragraph Nos.5 and 6 as under: "5. Taking note of fact that a clear direction was issued to respondents. Same has not been challenged. On other hand, respondents sought information from petitioner apparently to comply with it but there is no further progress. In view of same, it would be appropriate to issue a specific 1 WP.No.12062/2024, D.D.14.08.2025 - 5 - HC-KAR NC: 2025:KHC:48952 WP No. 32408 of 2025 direction to respondents to open portal, permit petitioner to upload particulars of 45 sold but unregistered tractors and complete process of registration. 6. Hence, writ petition is disposed of directing respondent no.1 to issue specific direction to respondent no.4 for permitting petitioner to upload details of 45 sold but unregistered tractors on E-Vahan portal within two weeks and thereafter, petitioner to approach jurisdictional RTO's within time indicated for completion of registration if indicated and if not, within four weeks for purpose of completion of formalities of registration." 5. This Court finds no reason as to why an another view has to be taken by this Court. Accordingly, this Court passes similar direction as follows: ORDER i) The writ petition is disposed of. ii) Respondent No.1 is directed to issue specific direction to respondent No.4 to permit the petitioner to upload the details - 6 - HC-KAR NC: 2025:KHC:48952 WP No. 32408 of 2025 of the sold but unregistered tractors on E- Vahan portal within two(2) weeks from the date of receipt of a certified copy of this order and thereafter, the petitioner shall approach the jurisdictional RTOs within the time indicated for completion of registration formalities, and if no specific time is indicated, within four weeks for completion of formalities of registration process. Ordered accordingly. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 5