Rajesh Kumar Miglani & Another Vs. State of Madhya Pradesh & others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 14557 of 2017, Judgment Date: Oct 03, 2017

Law Laid Down -
The Motor Vehicles Act, 1988 being the Central Legislation does not contemplate grant of fitness certificate and it is left to be framed by the State Government, therefore, the issue of fitness certificate and payment of tax falls within the legislative competence of the State in terms of Section 65(2)(d) of the Act of 1988 and under Section 3 of the M.P. Motoryan Karadhan Adhiniyam, 1991. Thus, Sub-Rule (2) of Rule 48 of the M.P. Motor Vehicles Rules, 1994 contemplating requirement of no dues certificate for grant of fitness certificate, cannot be said to be beyond the legislative competence of the State Government.
There is a presumption that the official acts are performed regularly in terms of Sub-section (e) of Section 114 of the Evidence Act and so is the presumption of correctness of information available on the website. Hence, the web portal of the Department should have entire data of tax paid of each of the vehicle. Further, the aggrieved person should be given an option of submitting online request to reconcile such payment. The State Government to make such amendment in the software.

Rajesh Kumar Miglani & Another Vs. State of Madhya Pradesh & others