Madhya Pradesh High Court
Man Trucks India Pvt. Ltd. Through Shri ... vs Transport Department on 13 August, 2018
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
W.P. No.10934/2018
(MAN Trucks India Pvt. Ltd. Vs. State of Madhya Pradesh and others) (-1-)
W.P. No.10934/2018
(MAN Trucks India Pvt. Ltd. Vs. State of Madhya Pradesh and others)
Indore, dated: 13.08.2018
Shri Raghvendra Singh Raghuvanshi, learned counsel
for the petitioner.
Notices were issued by this Court on 16.05.2018.
Time was granted to the State Government to file
counter affidavit.
No affidavit has been filed in the matter.
Learned counsel for the petitioner has argued before
this Court that the impugned notification issued on
14.09.2016 is contrary to the statutory provisions governing
the field.
He has drawn attention of this Court towards Section
43 of the Motor Vehicle Act, 1988. His contention is that as
per Section 43, the temporary registration is valid for a
period of 30 days. His further contention is that if a vehicle is
registered on 01.01.2018, the same shall be valid till
31.01.2018 keeping in view the statutory provisions
governing the field, however, by virtue of notification, which
is impugned in the present writ petition, if registration is
done on 30.01.2018, it will be valid upto 31.01.2018.
Section 43 of the Motor Vehicle Act, 1988 reads as
under:-
"43. Temporary registration.--
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
W.P. No.10934/2018
(MAN Trucks India Pvt. Ltd. Vs. State of Madhya Pradesh and others) (-2-)
(1) Notwithstanding anything contained in
section 40 the owner of a motor vehicle may apply
to any registering authority or other prescribed
authority to have the vehicle temporarily registered
in the prescribed manner and for the issue in the
prescribed manner of a temporary certificate of
registration and a temporary registration mark.
(2) A registration made under this section shall
be valid only for a period not exceeding one month,
and shall not be renewable:
Provided that where a motor vehicle so
registered is a chassis to which a body has not been
attached and the same is detained in a workshop
beyond the said period of one month for being
fitted 1[with a body or any unforeseen
circumstances beyond the control of the owner],
the period may, on payment of such fees, if any, as
may be prescribed, be extended by such further
period or periods as the registering authority or
other prescribed authority, as the case may be, may
allow.
(3) In a case where the motor vehicle is held
under hire-purchase agreement, lease or
hypothecation, the registering authority or other
prescribed authority shall issue a temporary
certificate of registration of such vehicle, which
shall incorporate legibly and prominently the full
name and address of the person with whom such
agreement has been entered into by the owner.]"
Similar provisions find place under the Madhya
Pradesh Motoryan Karadhan Adhiniyam, 1991. The charging
Section 3 of the Adhiniyam, 1991 reads as under:-
"3. Levy of tax on Motor Vehicles. - (1) A tax
shall be levied on every motor vehicle used or kept
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
W.P. No.10934/2018
(MAN Trucks India Pvt. Ltd. Vs. State of Madhya Pradesh and others) (-3-)
for use in the State at the rate specified in the First
Schedule:
[Provided that the lifetime lax on every
motor vehicle shall be levied at the rates specified
in the second Schedule] :
Provided further that in respect of a motor
vehicle passing through the Stale from a
manufacturer to a dealer under a temporary
certificate of registration for a period not
exceeding one month, the rate of tax shall be one
third of the tax payable for a quarter.
(2) A Transport Vehicle of which the certificate of
registration is current, shall, for the purposes of
this Act, be presumed to have been in use or kept
for use, notwithstanding the expiry of the
certificate of fitness in case of such transport
vehicle."
It also provides that temporary registration shall be
valid for a period of one month. In the considered opinion of
this Court, keeping in view the statutory provision governing
the field, prima facie, learned counsel for the petitioner has
been able to make out a case for grant of interim relief.
Resultantly, by way of interim relief, it is directed that
temporary registration made by the petitioner keeping in
view Section 43 of the Motor Vehicle Act, 1988 and Section
3 of Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991
shall be valid for a period of 30 days from the date of
registration.
The respondents shall be free to file a detailed reply in
the matter within 8 weeks. The respondents are also directed HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE W.P. No.10934/2018 (MAN Trucks India Pvt. Ltd. Vs. State of Madhya Pradesh and others) (-4-) to release all temporary registration certificates to the petitioner/company keeping in view the aforesaid order and the same shall be subject to final outcome of the present writ petition.
List the matter on 29.10.2018.
(S.C. Sharma)
N.R. Judge
Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2018.08.20 15:30:17
+05'30'