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Calcutta High Court (Appellete Side)

Chandan Sarkar vs State Of West Bengal And Others on 14 February, 2022

Author: Moushumi Bhattacharya

Bench: Moushumi Bhattacharya

14th February, 2022
   (D/L No.39)
      (SKB)

                                         WPA 1344 of 2022
                                        (Via video conference)

                                          Chandan Sarkar
                                                Vs.
                                  State of West Bengal and others


                                  Mr.   N. I. Khan,
                                  Mr.   P. K. Pakrashi,
                                  Mr.   P. Das,
                                  Mr.   Goutam Das
                                                             ... for the petitioner.

                                  Mr. Amal Kumar Se,
                                  Mr. Jaladhi Das,
                                  Mr. Lal Mohan Basu
                                                                   ... for the State.


                            The petitioner seeks an order directing the

                      Regional   Transport     Officer,     Murshidabad          being

                      respondent no.2 to dispose of the representation made

by the petitioner on 19th January, 2022 for registration of the petitioner's sleeper-bus. According to learned counsel, the petitioner has already deposited the road tax amount and submits that the vehicle was temporarily registered with the validity expired on 21st December, 2021.

From the submissions made on behalf of the State respondents, it appears that the petitioner did not submit the relevant documents for registration of his vehicle under the relevant Rules.

Upon hearing learned counsel, it appears that the petitioner has to comply with the requirements under 2 Rule 47 of the Central Motor Vehicles Act, 1989 as well as the circular of the State Transport Department dated 19th January, 2020. Rule 125C(5) of the 1989 Rules provides requirements for registration of the sleeper-bus. The petitioner has admittedly not complied with all the requirements under Rule 47 read with 125C of the 1989 Rules.

W.P.A.1344 of 2022 is accordingly dismissed without any order as to costs.

Needless to say, this order shall not prevent the petitioner from taking the requisite steps under the Rules for registration of the petitioner's vehicle.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Moushumi Bhattacharya, J.)