MV Act | Show Cause Notices, Inquiry By Registering Authority Other Than Original Registering Authority Not Illegal: Rajasthan High Court

The Jaipur bench of the Rajasthan High Court has said that even though only the original registering authority could cancel the registration of a vehicle under Section 55(2) of the Motor Vehicles Act, the provision does not prevent any other registering authority from issuing show cause notices and/or conducting inquiry in the matter.For context, Section 55(2) MV Act lays down cancellation of registration and provides that the original registering authority could cancel the registration, and any other registering authority than the original one could forward the report to the original authority to cancel the registration.The Court was hearing a bunch of petitions filed challenging the show cause notices issued by the Additional Regional Transport Officer at Jagatpura, Jaipur under the Act, on the ground that it was only the original registering authority that was empowered to cancel the registration and not any other registering authority. It was argued that since the the original registering authority is the Transport Authority is situated at Kotputli, the impugned notice issued by the Transport Authority, Jagatpura, Jaipur not being the original registering authority is bad in law.Perusing the provision, Justice Mahendra Kumar Goyal held that issuing show cause notices and/or conducting inquiry did not amount to cancellation of the registration certificate. It said:“The aforesaid provision provides in no uncertain terms that although, the registration certificate can only be cancelled by the original registering authority; but, other registering authority is also empowered to issue show cause notice and conduct an inquiry in the matter. However, if cancellation of the registration is required, such authority shall forward the report and the certificate of registration to the original registering authority for its cancellation. Thus, it nowhere denudes any registering authority other than the original registering authority from issuing any show cause notice and/or conducting an inquiry in the matter”. Accordingly, it was held that there was no illegality in the show cause notices issued, and the petitions were dismissed being devoid of merit. Case Title: Vikram Singh v the State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 10Click Here To Read/Download Order

MV Act | Show Cause Notices, Inquiry By Registering Authority Other Than Original Registering Authority Not Illegal: Rajasthan High Court

Nupur Agrawal

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