THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.30464 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of the respondent authorities in not registering the petitioner’s vehicle Maker’s Name: Toyota Motor Corporation, Makers Class: 2007 GX 470 LEXUS, VIN:JTJBT 20 XX 70128407 as illegal and arbitrary and consequently, direct the respondent authorities to register the said vehicle of the petitioner. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner is holding a multiple citizenship of both India and U.S.A. While the petitioner was in service and working in U.S.A., in the year 2004, sustained an injury by virtue of which, he sustained permanent disability and the Department of Labour and Industry, Workers Compensation Office of Adjudication, Pennsylvania awarded compensation. Since then, he became physically handicapped and has been using a special vehicle for the said purpose. He purchased a left hand drive vehicle and a battery operated scooter belonging to Lexus Company, which is specially designed for handicapped people in the year 2008. He obtained a certificate of driving test and driving license. Due to the handicap, he returned to his native place Kasibugga, Srikakulam in India and while returning from U.S.A., he imported his vehicle, which is having an additional fitting for carrying a battery operated scooter. The Customs Authority also gave permission to import the vehicle and the vehicle landed in India and the same was released in his favour. In March, 2006, he made an application to respondent No.3 for registration of the said vehicle and approached Insurance Companies for insuring the vehicle. The Insurance Companies are requesting for temporary registration number or original registration number for insuring the vehicle. Though he made several representations to the respondent Authority for registration of the vehicle, they are not registering his vehicle. Respondent No.3 has been saying that the request has been forwarded to respondent No.2 authority for inclusion in the software, as the software for registration used in Andhra Pradesh is not accepting the said vehicle, as there is no engine number and chasis number. The said vehicle does not have an engine number or chasis number except an exclusive identification number, which is exclusively identified by the manufacturer and regulating authority. As the software provided by respondent No.2 authority to respondent No.3 cannot accept the details provided by the petitioner, the respondent authorities ought to have manually registered the vehicle to give him temporary registration number till the requisite modifications are done in the software, but without doing so, the respondent authorities are not giving any registration number. Hence, the writ petition. 3. Learned counsel for the petitioner contended that once the vehicle is brought to India, it has to be registered by the authority and therefore, a direction may be given to the respondents to register the vehicle. 4. On the other hand, learned Government Pleader appearing for the respondents contended that as per Rule126 of the Central Motor Vehicles Rules, (for short, ‘the Rules’), when a vehicle is brought from another country, it has to be tested by an agency, as mentioned in the Rules and hence, the question of registration of the vehicle does not arise unless such a certificate is produced by the petitioner. 5. Section 40 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) reads as follows: “Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.” Section 41(1) of the Act reads as follows: “An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government.” Section 41(3) of the Act reads as follows: “The registering authority shall issue to the owner of a motor vehicle registered by it a certificate of registration in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government.” Rule 126 of the Rules reads as follows: “On and from the date of commencement of Central Motor Vehicles (Amendment) Rules, 1993, every manufacturer of motor vehicles other than trailers and semi trailers shall submit the prototype of the vehicle to be manufactured by him for test by the Vehicle Research and Development Establishment of the Ministry of Defence of the Government of India or Automotive Research Association of India, Pune or the Central Machinery Testing and Training Institute, Budni (MP), or the Indian Institute of Petroleum, Dehradun and such other agencies as may be specified by the Central Government for granting a certificate by that agency as to the compliance of provisions of the Act and these rules.” Therefore, the above provisions make it clear that unless the agency, as mentioned in Rule 126 of the Rules certifies that the vehicle is in conformity with the provisions of the Act and the Rules, registration cannot be made. Anyhow, this is a matter to be decided by the respondents in accordance with law. Hence, the respondents are directed to take appropriate decision on the application of the petitioner in accordance with the provisions of the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989 within a period of four (4) weeks from the date of receipt of a copy of this order. If the application is not available with the respondents, the petitioner is at liberty to give a fresh application along with the necessary fees. Any observation made by this Court cannot be construed as a finding of this Court. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 17th November, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.30464 OF 2011 Date:17.11.2011 AMD