HC refuses to treat plea on re-registration of vehicles as PIL

J&K High Court has refused to treat a plea challenging a government circular mandating re-registration of vehicles purchased outside Jammu and Kashmir as Public Interest litigation (PIL).

A division bench held that the writ petition filed by one Irshad Hussain Munshi would not be treated as PIL. The court however listed the petition along with the record of WP(C) 669/2021 on April 19.

The petition is seeking to quash the circular dated 27 March issued by Regional Transport Officer, Kashmir. The circular has made it mandatory for owners who have purchased vehicles bearing outside J&K Registration Numbers to apply for a new Registration Mark as per the provisions of Section 47/50 of Motor Vehicle Act 1988 and Rule 54 of Central Motor Vehicle Rules 1989 within a period of 15 days failing which, it said, action as warranted would be initiated against them.

The petition also seeks direction to the government to clarify by way of a circular, order or motion on the issue of levying of tax on the vehicles purchased outside J&K if the previous owner of the vehicle has already paid the tax on the vehicle.

The petition further seeks to clarify by way of circular the period for which the tax is to be levied on the vehicle.

The petition also seeks direction to concerned authorities not to seize or impound or fine the vehicles bearing outside registration number in pursuance of the Circular.

It also seeks direction to the government to give the public ample time for submitting their documents for re-registration.

Notably, a bench of the High Court has already sought government response to a petition ( 669/2021) which has challenged the circular dated 27.03.2021.

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