1 2025:CGHC:18155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 716 of 2019 1 - Koushilya Devi W/o Shri Chitrasen Jagne Aged About 45 Years R/o Nayapara, Rajim Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Transport, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Regional Transport Authority Raipur, Division District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Regional Transport Officer/ Taxation/ Authority, Registration Authority Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. ---- Respondents For Petitioner : Shri Ajay Shrivastava, Advocate. For State : Shri Pramod Shrivastava, Dy.G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.04.2025 1. The petitioner's permit for vehicle No. C.G. 04-E/0492 (Make & Model No. 2004) has been cancelled by the impugned order on the ground the vehicle is 12 years old vehicle and is subject to Section 70-A of the Chhattisgarh Motor Vehicles Rules, 1994 SMT NIRMALA RAO -2- (henceforth "Rules, 1994). 2. Learned counsel for the petitioner would submit that Section 70-A of the Rules, 1994 has been held to be ultra vires by this Court in the matter of Dr. Sandeep Jain & others Vs. State of Chhattisgarh and other connected matters in WPC No.2004 of 2017, decided on 26.7.2018. 3. On the other hand, counsel for the State would support the impugned order. 4. Division Bench of this Court in the matter of Dr. Sandeep Jain & others (supra) has held as under:- "16. Keeping in mind the legislative enactments and the scheme of things under the Act, the power which has been exercised by the State Government under the purported Sections 69, 96 and 211 of the Act in no manner confers any power upon the State government to fix the shelf life of public transport vehicles which are used as Stage Carriage Permit. The Notifications, especially after the amendment issued on 08.02.2017 fixing the life to be 12 years across the board for all kinds of routes is nothing but an exercise of power which is not only a camouflage but is also an innovation of overcoming legislative competence which has been vested in the Central Government. 17. We therefore come to a conclusion that the State of Chhattisgarh cannot issue notifications curtailing life and validity of the Stage Permit Vehicles by bringing it lower than the certification of fitness which is issued at the 3 time of registration under Section 59 of the Act. Any changes with regard to the validity and permissibility of the vehicle which can be be plied on the road can only be done by the Central Government and therefore, the notification dated 18.05.2011 contained in Annexure P/1 and notification dated 08.02.2017 contained in Annexure P/2 are struck down as ultra vires Section 59 of the Act." 5. Since Section 70-A of the Rules, 1994 has already been struck down by the Division Bench of this Court in the matter of Dr. Sandeep Jain & others (supra), impugned order dated 23.02.2018 passed by the Regional Transport Authority is liable to be and is hereby quashed. 6. Accordingly, the writ petition is allowed. Sd/- (Rakesh Mohan Pandey) Judge Nimmi