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1985 DIGILAW 560 (KAR)

B. K. NARAYANASWAMY v. REGIONAL TRANSPORT OFFICER. SHIMOGA

1985-12-19

K.J.SHETTY, N.D.VENKATESH

body1985
( 1 ) THIS Writ Appeal is directed against the order dated 12. 7. 1979 dismissing writ Petition No. 8380 of 1979. ( 2 ) THE appellant is the registered owner of the motor vehicle bearing No. MES 3306. The registration of that vehicle was suspended for a period of four months by the Additional Regional transport Officer, Chittoor (R. T. O. Chittoor ). The R. T. O. Chittoor forwarded the relevant papers along with his order to the Regional Transport officer, Shimoga (R. T. O. Shimoga) who was the original registering authority of the vehicle in question. Upon receipt of that order, the R. T. O. Shimoga called upon the owner to surrender the documents like Tax Card, Insurance certificate, Number plates etc. , of the vehicle in order to give effect to the order of suspension of the registration certificate. ( 3 ) AGAINST the said notice, the owner preferred an appeal before the deputy Commissioner for Transport, shimoga, contending inter alia, that the r. T. O. Shimoga, has no jurisdiction to enforce the order of the R. T. O. Chittoor. The Deputy Commissioner did not accept that contention and dismissed the appeal. ( 4 ) CHALLENGING the order of the r. T. O. Shimoga the owner moved this court with Writ Petition No. 8350 of 1979 under Article 226 of the Constitution and that Writ Petition was also dismissed by learned Single Judge. Hence this appeal. ( 5 ) THE primary question that is required to be considered in this appeal relates to the scope of Section 33 of the motor VEHICLES ACT, 1939 and power of the r. T. O. Shimoga to enforce the order made by R. T. O. Chittoor. It was urged for the appellant that R. T. O. Shimoga has no jurisdiction to enforce the order made by his counter part at Chittoor and he cannot call upon the owner of the vehicle to surrender the documents relating to the vehicle. This contention, in our opinion, is not sustainable. It was urged for the appellant that R. T. O. Shimoga has no jurisdiction to enforce the order made by his counter part at Chittoor and he cannot call upon the owner of the vehicle to surrender the documents relating to the vehicle. This contention, in our opinion, is not sustainable. Section 33 of the MOTOR VEHICLES ACT, 1939, 1939, so far as it is relevant, provides :33 (1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction- (a) is in such a condition that its use in public place would constitute a danger to the public, or that it fails to comply with the requirements of chapter V or of the rules made there under, or (b) has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle- (2 ). x x x x (3) Where the registration of a motor vehicle has been suspended under sub-section (l) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension; and when the suspension has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspended, may, if it is the original registering authority, cancel the registration, and, if it is not the original registering authority, shall forward the certificate of registration to that authority which may cancel it forthwith. (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration and any token or card issued to authorise the use of the vehicle in a public place. (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration and any token or card issued to authorise the use of the vehicle in a public place. (5) x x x x it will be seen from the above provisions, the Registering authority mentioned in sub-sec (1) of Sec. 33 is a registering authority, as defined under sec. 2 (28) to mean an authority empowered to register motor vehicles under chapter III. Having regard to this definition of that term, one cannot possibly state that the R. T. O. Chittoor is not an authority empowered to register motor vehicles under Chapter III of the MOTOR VEHICLES ACT, 1939. He is, indeed, an authority with powers to register motor vehicles. He is, in fact, a counter part of R. T. O. Shimoga. When r. T. O. Chittoor is undisputedly a registering authority for the purpose of chapter III, he shall therefore, be held to have the power to take action under section 33 since Section 33 is also in chapter III. ( 6 ) AS to the question of jurisdiction of the R. T. O. Shimoga, to execute the order made by his counter part in another State, the following provisions may be noticed. Under sub-sec. 3 of Section 33, it is in-cumbent upon the Registering authority within whose jurisdiction the vehicle was when the registration was suspended, if it is not the original registering authority, to inform that authority of the order of suspension. Similar provision is found in Section 33 in regard to the cancellation of the registration Certificate. ( 7 ) WHAT is required to be done by the original registering authority upon intimation from his counter part has been set out in sub-sec. 4 of Section 33. It teads :"the owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration and any token or card issued to authorise the use of the vehicle in a public place. "sub-sec. 4 of Section 33 expressly sets out the duty of the original registering authority and the obligation of the owner of the motor vehicle. "sub-sec. 4 of Section 33 expressly sets out the duty of the original registering authority and the obligation of the owner of the motor vehicle. When the owner receives a demand from the registering authority, he shall surrender the certificate of registration and other documents of the vehicle and stop its operation. By reading the provisions of section 33 it becomes apparent that it is possible for any registering authority to suspend the Registration Certificate of a vehicle if the vehicle has been or being used contrary to the provisions of sub-sec. 1 of Sec. 33 and when such an order is communicated to the original registering authority, the latter shall give effect to the order by demanding from the owner of the vehicle to surtender the documents of the vehicle. This is the only reasonable construction that we can think of to give effect to the provisions of the MOTOR VEHICLES ACT, 1939 and any other construction suggested by counsel for the appellant would render the provisions of Section 33 in effective and nugatory. ( 8 ) THERE is one other contention which remains to be considered. The appellant has also challenged the validity of the order made by the R. T. O. Chittoor, contending inter alia, that it was un-reasonable and excessive even on the admitted facts. We do not propose to enter into a detailed discussion on the merits of this contention. We, would however, like to take a lenient view of the matter. It is not in dispute that the original owner of the vehicle is since dead, his widow has been brought on record and she is prosecuting this appeal. She is said to be in a helpless condition. We are told that the vehicle is also not in a motorable condition. Taking all these facts into consideration, we reduce the period of suspension of the registration certificate of the vehicle to 15 days only. ( 9 ) IN the result, the appeal stands disposed of with the terms above mentioned. Parties to bear their own costs. --- *** --- .