HARISH TANDON,J. - (1.) The present writ petition is filed by the petitioners, being the Society, registered under the Societies Registration Act, 1960 and the Deputy Executive Director of the said society challenging the Advisory dated 28th June, 2018 issued by the Commissioner, Department of Transport, State of West Bengal, respondent no. 3 herein, relating to indiscriminatory registration of new two wheelers and unauthorized use within the State.
(2.) The challenge is basically founded on the premise that the stringent conditions incorporated therein offend the provisions of the Motor Vehicles Act as well as the rules framed thereunder having resultant effect on the overall owners of the two wheelers within the State of West Bengal.
(3.) It has been further pleaded in the instant writ petition that such Advisory cannot be said to be in conformity with the provisions of the said Act nor the issuing authority is empowered under the aforesaid provisions of the Rules framed therein restricting the sale of two wheelers to the intending purchasers unless they satisfy the conditions made therein.;