Jyoti Kalita and 60 Ors v. The State of Assam and 5 Ors

ORDER

27.11

.2024

Heard Ms. B. Choudhury, learned counsel for the petitioner. Also heard Ms. M.D. Bora, learned Standing Counsel, Transport Department for the respondent Nos. 1, 2 and 5. This writ petition has been filed by 61 petitioners. Petitioner Nos. 1 to 60 are the purchasers of two wheeler from the petitioner No. 61, who is the authorized dealer. By reason of mischief played by two employees of the petitioner No. 61 who did not deposit the amounts collected from the petitioner Nos. 1 to 60 for registration and eventually they went missing with the deposited money without depositing the same before the Registration Authority and thereafter, the COVID 19 Pandemic situation prevailed throughout the country. Although the petitioner Nos. 1 to 60 had deposited the money to employees of petitioner No.61, the two wheelers which were purchased by the petitioner Nos. 1 to 60 could not be registered as the amounts collected from them were not deposited. Pursuant to the COVID 19 pandemic situation returning to normalcy, in a proceeding before the Apex Court being Writ Petition Page No.# 13/15 No. 13029 of 1985 the Apex Court passed an order dated 24.10.2018 directing that no motor vehicle confirming to the emission standard BHARAT Stage-IV shall be sold or registered to the entire country w.e.f. 01.04.2020. Subsequently, in the I.A. which was filed in the said petition, by order dated 27.03.2020 the Court permitted sale of BHARAT Stage-IV vehicles upto 10% of the unsold vehicles across the country except Delhi and N.C.R. This order again came to be altered by order dated 13.08.2020 that the registration of the vehicles which were sold and uploaded on E-Vaahan portal and temporary registration issued and where their registration could not be carried out during the lockdown period, the Apex Court permitted registration of such vehicles only (after the cut off date) which could not be registered during the lockdown in the month of March, 2020 and for no other reason. The position however, was not made applicable to Delhi and NCR. Subsequently, an I.A. was filed by some customers of petitioner No. 61 before the Apex Court and by order dated 02.11.2020 the Apex Court permitted the applicants therein to approach the Jurisdictional High Court for filing fresh applications and their interlocutory applications were dismissed as before. In the applications which were filed before the Court being I.A. 110988 of 2020 the present petitioner No. 61 was also an applicant in representative capacity in respect of all the customers before the Apex Court and which included the present writ petitioner Nos. 1 to 60, as submitted by the counsel for the petitioners. In pursuance to the leave granted by the Apex Court, some of the vehicle owners approached this Court by filing WP(C) 5271 of 2020 and this Court by order dated 19.07.2020 allowed the writ petition directing them to deposit the fee to the concerned DTO and thereafter carry out the steps for the registration of the vehicles. It is submitted that pursuant to the order passed by Page No.# 14/15 this Court those vehicles were registered. The present writ petitioner Nos. 1 to 60 are praying before this Court for a similar order. It is submitted that since the petitioner No. 61 was also an applicant in I.A. No.110988 of 2020 in representative capacity in respect of all the other purchasers who were not before the Apex Court in their individual capacity, the counsel for the petitioners submits that similar order as passed in WP(C) 5271 of 2020 should also be passed allowing the writ petitioner Nos. 1 to 60 to proceed for registration of the vehicles. During the pendency of writ petition, by an order dated 17.05.2024 passed by the Court while issuing Notice, the State respondent namely Transport Department was directed to verify the genuineness of the purchases made by the petitioner Nos. 1 to 60. The Transport Department pursuant to the order has filed their affidavit dated 25.06.2024 and has made a statement on oath that the petitioner Nos. 1 to 60's genuineness have been verified and they have been found to be genuine purchasers who had purchased the vehicles prior to

31.03.2020 and a complete list of the purchasers along with particulars contained in the make of the vehicles, engine numbers, chasis numbers, date of purchases, insurance certificates, sale certificates etc. are enclosed to the affidavit. The relevant paragraphs of the affidavit extracted below: "3. That the deponent begs to submit that the Hon'ble High Court vide Order dated 17/05/2024 directed to verify the genuineness of the 60 numbers of vehicles that are the subject matter of the writ petition

¶4That the deponent begs to bring on record that as per the details as provided by the concerned dealer, the 60 nos. of vehicles that are subject matter of the instant writ petition are genuine that they were purchased before 31/03/2020." Having considered the submissions made before this Court and upon Page No.# 15/15 careful perusal of the orders passed by the Apex Court and also the affidavit filed by the Transport Department certifying that the petitioner Nos. 1 to 60 are genuine purchasers of their vehicles, the writ petition stands disposed of with a direction to the respondent No.5 namely DTO, Jorhat to complete the process of registration of the individual vehicles of the writ petitioner Nos. 1 to 60 subject to the deposit of necessary fees and charges as required. In terms of the above direction writ petition stands allowed and disposed of. The entire exercise be completed within a specific time period after the necessary fees and charges are deposited. JUDGE Comparing Assistant

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