Interim stay on bike purchase conditions

The high court on Tuesday issued an interim stay on the state transport department's circular barring purchase or registration of any two-wheeler in the name of a person who doesn't hold a driving licence.

By OUR LEGAL REPORTER in Calcutta
  • Published 12.09.18
  •  

Calcutta: The high court on Tuesday issued an interim stay on the state transport department's circular barring purchase or registration of any two-wheeler in the name of a person who doesn't hold a driving licence.

Justice Harish Tandon's order was in response to a writ petition filed by the Society of Indian Automobile Manufacturers, which has asked for the notification to be quashed "as it is contrary to the provisions laid down in the Constitution".

"Through this notification, the state government has tried to snatch the fundamental right to purchase any item that is for sale," Abhijit Chatterjee, counsel for the petitioner, said.

While issuing the interim stay, Justice Tandon said: "The circular issued by the state authorities seems to be faulty in accordance with the provisions of law and needs detailed scanning by the court."

The case will be next heard on November 19.

The transport department had issued the circular on June 28, making it mandatory for two-wheeler dealerships to ask for a copy of a purchaser's driving licence and get it vetted by the transport authorities before executing the sale.

According to the petitioner, sale of two-wheelers in Bengal has declined since the circular was issued.