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Tripura High Court

Piaggio Vehicles Private Limited vs The State Of Tripura on 5 May, 2025

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                          HIGH COURT OF TRIPURA
                                AGARTALA
                              WP(C) No.221 of 2025
Piaggio Vehicles Private Limited, represented by its Authorized
Representative, having its Corporate office at 1st Floor Sky One Corporate
Park, Survey Number 239/02, Airport Road, Viman Nagar, Pune, Maharashtra,
India, Pin-411032, and its registered office at E-2 MIDC Area, Baramati,
District- Pune, Maharashtra, India, Pin-41313.
                                                             .........Petitioner(s);
                                      Versus
1. The State of Tripura, represented by the Secretary, Department of Transport,
Government of Tripura, having his office at New Secretariat Complex,
Gurkhabasti, Agartala, PO- Kunjaban, PS-New Capital Complex, Sub-
Division- Sadar, District- West Tripura.
2. The Transport Commissioner, Government of Tripura, having his office at
Paribahan Bhavan, Astabol, Northgate, PO-Agartala, PS- East Agartala, Sub-
division- Sadar, District- West Tripura, Pin-799001.
3. The Chief Motor Vehicle Inspector (Registering Authority), Government of
Tripura, having his office at Paribahan Bhavan, Astabol, Northgate, PO-
Agartala, PS- East Agartala, Sub-division- Sadar, District - West Tripura, Pin-
799001.
4. The State Transport Authority, Tripura, represented by its Chairman, having
his office at Paribahan Bhavan, Astabol, Northgate, PO-Agartala, PS- East
Agartala, Sub-division- Sadar, District -West Tripura, Pin-799001.
                                                          .........Respondent(s).

For Petitioner(s) : Mr. T. Sundar Ramanathan, Advocate, Mr. Saugat Datta, Advocate, Mr. Krishan Singhal, Advocate, Mr. Anupam Pal, Advocate.

For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A., Ms. Sukanya Viswanathan, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA Order 05/05/2025 The writ petition was preferred with the following prayers:

"(i) Issue an appropriate writ or order or direction holding and declaring Rule 47A of the Tripura Motor Vehicles Rules, 1991 as being unconstitutional and ultra vires the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989 and thereby quash/set aside the Notification bearing No. F.14(1)-

TRANS/2023 dated 08.01.2025 (published in the Tripura Gazette Extraordinary Issue on 10.01.2025) (Annexure-15 supra), issued by the Transport Department, Government of Tripura;

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(ii) Issue an appropriate writ or order or direction quashing/setting aside the Notification bearing File No. 5(11)-Trans/2018 dated 30.01.2025 (Annexure-18 supra), issued by the Transport Department, Government of Tripura for being unconstitutional and ultra vires the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989;

(iii) Issue an appropriate writ or order or direction prohibiting the Respondents from acting pursuant to the Notification dated 30.01.2025 (Annexure-18 supra), issued by the Transport Department, Government of Tripura.

(iv) In the Ad-interim, and thereafter, on hearing the parties, in the Interim, an order in terms of (i), (ii) and (iii) above;

(v) Call for the records, appertaining to this writ petition;

(vi) Costs of and incidental to this proceeding

(vii) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper;"

However, learned counsel for the petitioner Mr. T. Sundar Ramanathan assisted by learned counsel Mr. Saugat Datta at the outset seeks permission to withdraw the writ petition as the petitioner is inclined to pursue the matter before the State Government for the present. However, he seeks liberty to approach this Court again if the cause of action persists.
Mr. Kohinoor N. Bhattacharyya, learned Government Advocate for the respondents-State, does not object to the prayer.
In view of the prayer made, the instant writ petition is dismissed as withdrawn with the aforesaid liberty.
(S.D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.05.06 16:07:01 +05'30'