Gujarat High Court
Imtiaz A Rehman Sujela vs State Of Gujarat Thro Addl.Chief ... on 26 September, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, J.B.Pardiwala
C/WPPIL/46/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 46 of 2013
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IMTIAZ A REHMAN SUJELA....Applicant(s)
Versus
STATE OF GUJARAT THRO ADDL.CHIEF SECRETARY & 1....Opponent(s)
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Appearance:
MR RAMKRISHNA B DAVE, ADVOCATE for the Applicant(s) No. 1
MS. SANGEETA VISHEN, ASSTT.GOVERNMENT PLEADER for the
Opponent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 26/09/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Though in this petition several prayers are made, either by virtue of already such issues having been previously examined by the Court, or by virtue of the counsel stating that same would be separated out for fuller and proper consideration in a separate petition, if so advised, we have focused our attention only on first part of prayer made in paragraph 12(c), which reads as under:-
"12.(c) Direct the respondents to make the arrangement in software in the computer so as to include all the classes of motor vehicles allowed to drive and also to include all the information required by law in the certificate of registration;"
Briefly stated, the case of the petitioner, as pointed out by the counsel, is that the RTO authorities now issue smart card driving licence, which can contain a maximum of four categories of driving licence of the holder. If the licence holder Page 1 of 2 C/WPPIL/46/2013 ORDER needs a licence for driving additional category of vehicles, the authorities refuse such a request. To a specific query, the counsel clarified that the RTO authorities would not issue a second licence for such additional categories of vehicle. He clarified that if a driver goes to the authorities with a request for granting fifth or more categories of vehicles, they would insist that he must delete the request for grant of licence of the existing categories, in the order of preference in such a way that in any case, he cannot hold a licence for driving more than four categories of vehicles.
Prima-facie, it appears to us that such an insistence on the part of the authorities, either for the reason that the Smart card chip cannot carry categories of more than four licence or for any other reason, is not supported by any Rule or Regulation. However, since the respondents have not placed full facts on record in this respect, we request the authorities to file a reply to meet with the factual assertions noted above, with a copy in advance to the counsel for the petitioner.
S.O to 10th October, 2014.
(AKIL KURESHI, J.) (J.B.PARDIWALA, J.) Mohandas Page 2 of 2