SHIVANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions involving similar and akin issues, have been considered together and are disposed of by this common order.

(2.) The petitioners in W.P.No.13694-695/2019 have assailed the provisions of the Central Motor Vehicles Rules (Twenty Second amendment) gazetted vide Notification dated 29.12.2016 insofar as they relate to levy of additional fees for belated applications for renewal of Driving Licences and registration of motor vehicles, Rules 32 and 81 respectively, inter alia, seeking a direction to the respondents to renew the Driving Licence of petitioner No.1 and to renew the registration of Motorcycle bearing No.KA-09-EB-6307 of petitioner No.2 without insisting for payment of additional fee as prescribed in the Notification dated 29.12.2016.

(3.) Petitioner No.1 in W.P.No.13694-695/2019 is claiming to be the holder of a Driving Licence valid from 10.02.2005 to 25.10.2016. The said Driving Licence authorises petitioner No.1 to drive motorcycles with gear. It is submitted that on expiry of the Driving Licence on 24.10.2016, petitioner No.1 was not driving any motor vehicle and hence he did not approach the authorities for renewal of the Driving Licence. However, petitioner No.1 approached the authorities by uploading his application for renewal of his Driving Licence and also making the payment towards the fees prescribed under Rule 32 of the Central Motor Vehicle Rules, 1989 ('CMV Rules' for short). It transpires, the respondents insisted for the additional fees in terms of the amendment brought to Rule 32 of the CMV Rules in terms of the Notification dated 29.12.2016.