Excelsior Correspondent
Srinagar, Nov 8: High Court today issued notice to Government and sought reply on authorizing the private dealers for registration of non-commercial vehicles in Kashmir.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey hearing the PIL filed by one Noor Mohammad Bilal (Advocate) issued the notice to Commissioner Secretary Transport Department and Transport Commissioner and sought reply from them by November 24 on the issue.
Petitioner Bilal submitted that Transport Commissioner vide order No. 9 PTC-2017 dated 12.10.17, authorized private dealers of motor vehicle as registering authority for vehicles sold by them to the customers.
He Further submitted that such exercise by Transport Commissioner is illegal and is liable to be quashed as the statutory powers vested to transport authorities of State Government cannot be delegated or abdicated.
“Such exercise has already been quashed by the High Court of Patna vide its judgment in case Indarjeet Kumar Vs State of Bihar”, petitioner said.
The authorized dealers have been authorized vide the impugned order 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”, Advocate Iqbal submitted.
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