The Rajasthan High Court has clarified that Section 55(5) of the MV Act does not denude a registering authority, other than the original registering authority, from issuing a show cause notice for cancellation of registration.

The Court dismissed a Writ Petition challenging a show cause notice issued by an Additional Regional Transport Officer (Registering Authority) under Section 55(5) of the Motor Vehicles Act, 1988 (the Act) on the grounds that only the original registering authority can cancel the registration under the Act. The Jaipur Bench clarified that the Act does not denude any registering authority other than the original registering authority from issuing any show cause notice.

A Single Bench of Justice Mahendar Kumar Goyal held, “In view thereof, this Court does not find any illegality in the show cause notice issued by the Regional Transport Authority, Jagatpura, Jaipur since, it does not amount to the cancellation of the registration certificate for which, obviously, only the original registering authority is empowered and entitled. Resultantly, these writ petitions are dismissed being devoid of merit.

Advocate Sultan Singh Kuri represented the Petitioner.

Brief Facts

The Petitioner challenged the show cause notice issued by the Transport Authority in Jagatpura, for the cancellation of the vehicle’s registration certificate. It was argued that since the original registering authority for the vehicle was the Transport Authority at Kotputli, the notice issued by the Jagatpura authority was ‘bad in law.’

The Petitioners relied on Section 55(2) of the Act, which states that “The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration.

Court’s Reasoning

The Court explained that Section 55(2) of the Act in no uncertain terms provides that although, the registration certificate can only be cancelled by the original registering authority, other registering authority was 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,” it held.

Consequently, the Court did not find any illegality in the show cause notice issued since it did not amount to the cancellation of the registration certificate to which only the original registering authority was empowered and entitled.

Accordingly, the High Court dismissed the Writ Petition.

Cause Title: Vikram Singh v. The State Of Rajasthan & Ors. (Neutral Citation: 2025:RJ-JP:264)

Appearance:

Petitioners: Advocates Sultan Singh Kuri and Bhagirath Singh Kuri

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