High CourtsSingle Bench(2019) 09 TP CK 0030

Nipu Chakraborty vs State Of Tripura And Ors

Tripura High Court · Decided on 13 September 2019

HON’BLE JUDGES
Arindam Lodh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 1083 Of 2019

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Judgment

7 paragraphs · 391 words

Heard Mr. Kohinoor N. Bhattacharyya, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Additional GA appearing for the State-respondents.

The simple issue involved in this writ petition is that the petitioner is a dealer of Avon, Arrow and Atron e-rickshaws. These are three different models manufactured by three different companies. Being a dealer of those three companies, he has applied for obtaining licence to sell and get the vehicles, so sold, temporarily registered. One of the criteria for dealership approval is that the petitioner has to deposit Rs. 10,000/- against each of the manufacturers. So, for three models of three different companies, the petitioner has to deposit Rs. 30,000/- to the concerned authorities.

It is the grievance of the petitioner that though he had approached the competent authority with all requirements, including deposit of money, as stipulated in letter dated 30th October, 2017, issued by the Joint Transport Commissioner, Tripura, Agartala (Annexure-1 to the writ petition) but, the petitioner was not allowed to deposit the said requisite fees for obtaining dealership certificates, etc.

Mr. D. Sharma, learned Additional GA appearing for the State-respondents has submitted that this petition may be disposed of with a direction upon the authority concerned to examine the matter within a certain period.

Having regard to the submission of the learned counsel appearing for the parties, I direct the competent authority, i.e., the State-respondents, particularly the Joint Transport Commissioner, Tripura, Agartala, to accept the requisite fees, which the petitioner wants to deposit with the department and examine the matter in accordance with the relevant rules, and if he finds no fault with the application of the petitioner, then, the competent authority shall issue the necessary certificates for the purpose of selling and obtaining temporary registration certificates for the vehicle concerned, in favour of the petitioner.

It is also made clear that if any fault is detected by the Transport department, then the same has to be informed to the petitioner giving appropriate reasons and afford an opportunity to the petitioner to rectify those faults. Further, if the criteria and requirements or parameters for issuance of trade certificate or licence etc. are met, then the competent authority shall issue the same, in accordance with rules prevailing in the State of Tripura.

With this observation and direction, the instant writ petition is disposed of.