SUBHASH SHAMRAO KATTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner. Learned Counsel for the Petitioner submitted that the issue that arises in this Petition is squarely covered by the order passed by this Court in Writ Petition No. 4026 of 2021 vide order dated 11/08/2021.

(2.) The Petitioner is not a dealer. The Petitioner is an agriculturist. The vehicle - a Unicorn Motorcycle was purchased by him on 01/02/2020. The temporary registration was efective for the period from 01/02/2020 to 29/02/2020. The vehicle was inspected on 14/02/2020. The sale has been uploaded on E-Vahan portal on 14/02/2020. The Petitioner stated that due to some personal reasons and agricultural work and thereafter in view of the imposition of lockdown, the registration could not be applied for and the taxes remained to be paid.

(3.) Learned AGP had sought time on the earlier occasion to take instructions. He has produced on record a copy of the communication dated 26/08/2021 addressed by the Transport Commissioner's ofce. Learned AGP submits that the Petitioner is not entitled to any relief in view of the specifc directions of the Hon'ble Supreme Court dated 13/08/2020 passed in Writ Petition (Civil) No. 13029 of 1985. Learned AGP further submitted that though the vehicle was purchased prior to the lockdown and even inspected, still then, the registration was not made in the month of March 2020. Admittedly, according to him, the Petitioner has applied for registration on 03/12/2020 and therefore, the Authorities are justifed in refusing the registration in terms of order passed by the Hon'ble Supreme Court. Learned AGP on instructions of the Deputy Transport Commissioner - Shri Laxman Darade who is present in Court submits that the impugned order is passed in consonance with the directions of the Hon'ble Supreme Court and has opposed the Petition. It is the contention of the Respondents that the Petitioner ought to have registered his vehicle during the period 14/02/2020 and 23/03/2020 as there was no lockdown then, but later on cannot be permitted to do so in view of the directions of the Apex Court. During this period, the Petitioner failed to apply for registration and no taxes were paid and hence, according to them, the impugned order which is passed is in consonance with the directions of the Hon'ble Supreme Court. The Petitioner had approached Respondent No.3's ofce only on 03/12/2020 along with all documents for registration.