Page No.# 1/4 GAHC010034752026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1070/2026 TINSUKIA MINI TRUCK OWNERS ASSOCIATION A SOCIETY REGISTERED UNDER SOCIETY REGISTRATION ACT, 21 OF 1860, REPRESENTED BY ITS SECRETARY, DAROGA RAI, AGE-52, S/O LATE. DIP NARAYAN RAI R/O VILL- CHIRAPATI, TINSUKIA, ASSAM, PIN-786125 VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORTATION AND HIGHWAYS, GOVT. OF INDIA (MORTH), TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI. 2:STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM. 3:SECRETARY TO THE GOVT. OF ASSAM TRANSPORT DEPARTMENT DISPUR ASSAM. 4:DISTRICT TRANSPORT OFFICER TINSUKIA ASSAM 5:MANAGER APPLUS ITEUVE INDIA PRIVATE LIMITED VILL- LAHOWAL DIST. DIBRUGARH PIN-786010 Advocate for the Petitioner : MR. D P CHALIHA, MS M ROY Page No.# 2/4 Advocate for the Respondent : DY.S.G.I., A MISHRA(R5),MR. SURAJIT DAS(R5),MR SUMANTH KAKATI(C.G.C.)R1,SC, TRANSPORT DEPARTMENT, ASSAM,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 07.08.2026 Heard Shri D.P. Chaliha, learned Senior Counsel assisted by Ms. M. Roy, learned counsel for the petitioner. Also heard Shri S. Kakati, learned CGC; Ms. U. Das, learned State Counsel, Assam and Ms. M.D. Bora, learned Standing Counsel, Transport Department, Assam. Shri A. Mishra, learned counsel is present for the respondent no. 5. 2. Considering the facts and circumstances involved and also taking into account the fact that the pleadings have been exchanged, the instant writ petition is taken up for disposal at the admission stage. 3. The petitioner is a Society which is connected with, amongst others, the renewal of the registration of the certificates belonging to its members. It is averred that there are around 44,000 commercial vehicles in the district of Tinsukia which is looked after by the petitioner’s Society so far as the vehicles are concerned. 4. The grievance is pertaining to a notification dated 02.07.2025 to shift the Automated Testing Station (ATS) from Tinsukia to Dibrugarh. It is contended that there is a mandate to have a local ATS with simultaneously abolition of the District Transport Officer’s Authority to issue fitness certificate. 5. Shri Chaliha, learned Senior Counsel for the petitioner has submitted that the impugned action, apart from being unreasonable and arbitrary, will cause unnecessary Page No.# 3/4 hardships to its members inasmuch, as the members would have to travel to the district of Dibrugarh for having the fitness certificate which, otherwise requires that the district itself should facilitate of having such an ATS. In this connection, the learned Senior Counsel has drawn the attention of this Court to Section 56 of the Motor Vehicles Act, 1988, as amended, which pertains to certificate of fitness of transport vehicles. He has made specific reference to Section 56(2) which has been inserted vide an amendment made in the year 2019 and the same reads as follows: “(2) The ‘authorised testing station’ referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.” 6. On the other hand, Ms. Bora, learned Standing Counsel, Transport Department by referring to the affidavit-in-opposition filed on 01.06.2026 has submitted that the State Government has already referred the matter to the Central Government as it is within the jurisdiction and powers of the Central Government to establish such ATS. 7. Shri Kakati, learned CGC by referring to the affidavit filed on 03.06.2026 has submitted that the petitioners, other than by making a statement that there are around 44,000 commercial vehicles has not been able to put anything on record to support the said statement. He has also submitted that necessary input is required to be given by the State authorities for establishing an ATS. 8. Shri Mishra, learned counsel for the respondent no. 5 has submitted that he would not have an effective role in the adjudication of the present lis. 9. From the discussions made above and the available materials on record, it appears that setting up of an ATS which primarily comes within the functions of the Page No.# 4/4 Central Government is required to be supported by the State Government by giving adequate inputs, including the aspect of an action plan with timeline. The State Government is also required to justify such establishment by citing adequate reasons. 10. In the instant case, it, however, transpires that the State Government has already written to the Central Government on 09.02.2026 which is also annexed to the affidavit-in-opposition filed by the respondent no. 4. 11. A bare perusal of the communication dated 09.02.2026 would reveal that the communication has been made for taking necessary steps, including conducting manual fitness test and issuing fitness certificates in districts sharing geographical boundaries with the districts having operational ATS. 12. From the materials which have been perused by this Court which are placed on record, a consideration for establishing an ATS in the district of Tinsukia would be in the interest of justice. The Central Government is accordingly directed to consider the communication dated 09.02.2026 and thereafter take adequate steps for establishing an ATS in the district of Tinsukia in accordance with law. 13. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant