SrinagarThe Jammu and Kashmir High Court on Wednesday issued a notice to government, seeking its response to a plea against orders authorizing private vehicle dealers to exercise powers of registering authority for the vehicles sold by them to customers.
Hearing the plea, the division bench directed Commissioner Secretary Transport and Transport Commissioner to file report by or before November 24.
The plea states that vide an order passed by Transport commissioner (under no. 9 PTC-2017) on October 12, private dealers of motor vehicle have been authorized to exercise powers of registering authority for the vehicles sold by them to customers.
Such exercise was already been quashed by the High court to Patna vide its judgment in case Indarjeet Kumar Vs State of Bihar on the ground that statutory powers vested in the transport authority cannot be delegated, evaded or abdicated and the authorities of State Government are duty bound to comply the same without sharing it with anyone else including any agency /dealer, the plea reads.
It says that authorized dealers have been authorized to certify the mechanical and manufacturing fitness of the vehicles sold by them and to become judges unto their own cause.
The whole exercise is therefore illegal and cannot stand on the threshold of justice, it says.
The state government has made it mandatory to register the non-commercial vehicles through authorised automobile dealers only.
The government has also directed that no temporary numbers will be issued by registering authorities to dealers henceforth.
Those already issued will be used up to 30 November, thus ensuring that temporary numbers would be generated by dealers only through Vahan portal from 1st December.
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