ORANGE TOURS AND TRAVELS Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-3-46
HIGH COURT OF GAUHATI (AT: ITANAGAR)
Decided on March 08,2018

Orange Tours And Travels Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

AJIT BORTHAKUR - (1.) Heard Mr. P. K. Tiwari, learned Sr. Counsel, Mr. P. Taffo, Mr. M. Kato, Mr. A. Sarma, Mr. M. E. Nagesh, Ms. N. Danggen, Mr. B. Pandey, Mr. N. Ratan learned counsels, respectively for the petitioners. Also heard Mr. S. Tapin, learned Sr. Govt. Advocate assisted by Mr. D. Soki, learned Addl. Sr. Govt. Advocate appearing for the State Respondents.
(2.) In the above set of writ petitions, the petitioners have challenged the legality and validity of the order, vide Memo. No. TPT(B)-19/03/2017, dated 06.06.2017, issued by the respondent the Commissioner, Transport, Govt. of Arunachal Pradesh, whereby the registrations of all the tourist buses/sleeper coaches are directed to be cancelled under Section 55 of the Central Motor Vehicles Act, 1988 (for short, 'C.M.V. Act, 1988') and also directed the proprietors of such vehicles to report their vehicles at the nearest Police Stations. The petitioners have also challenged the legality and validity of the consequential orders, dated 09.06.2017, issued by the respondent-the Director, Transport Cum Secretary, State Transport Authority, Arunachal Pradesh, vide Memo. No. DT/STA/11/2000-II and the District Transport Officers (for short 'D.T.Os'), Arunachal Pradesh giving effect to the aforesaid order, dated 06.06.2017, without giving opportunity of hearing and despite some of the petitioners' registrations of vehicles are still valid till the year 2022. Therefore, all the writ petitions are taken together for consideration and decision.
(3.) The petitioners' common grievance, in brief, is that they have been plying their tourist buses/ sleeper coaches in and outside the State of Arunachal Pradesh after duly registering those vehicles with the Registering Authorities of Arunachal Pradesh and after duly insured with the insurance companies as per Rules. The petitioners have contended that the registration of their vehicles was done after due compliance of the provisions of the C.M.V. Act, 1988 and the Rules made thereunder, to the satisfaction of the concerned Registering Authorities and accordingly, they have been regularly paying the requisite taxes against their vehicles so registered for years. However, having observed that the D.T.Os registered the tourist buses/ sleeper coaches without properly following the provisions of the C.M.V. Act, 1988 and the relevant C.M.V. Rules, 1989 and further, that those vehicles are plying outside the State of Arunachal Pradesh in violation of the provisions of the aforesaid Act and Rules, the respondent/ Commissioner, Transport, Govt. of Arunachal Pradesh unilaterally issued the impugned order, dated 06.06.2017, directing all the D.T.Os in the State of Arunachal Pradesh to cancel all the registrations of all those tourist buses/ sleeper coaches and to direct the proprietors of such vehicles to report their vehicles at the nearest Police Stations and to submit compliance report by 09.06.2017. Pursuant to the said order of the Commissioner, Transport, Govt. of Arunachal Pradesh, dated 06.06.2017, the D.T.Os of Arunachal Pradesh cancelled the registrations of the vehicles of the petitioners under Section 55 of the C.M.V. Act, 1988.;


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