Khadim Hussain vs Ut Of Ladakh And Ors on 1 March, 2025

Jammu & Kashmir High Court – Srinagar Bench

Khadim Hussain vs Ut Of Ladakh And Ors on 1 March, 2025

                                                                                      Serial No. 67
                                                                                      Suppl. cause list
                     IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                        AT SRINAGAR

                                                        WP(C) No. 224/2025


                Khadim Hussain
                                                                           ..... Appellant/petitioner(s)
                                                     Through: -
                                         Mr. Kacho Manzoor Ali Khan, Advocate

                                                                V/s
                UT of Ladakh and Ors.
                                                                                    ..... Respondent(s)

Through: –

Mr. T. M. Shamsi, DSGI

CORAM:

HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE
(ORDER)
01.03.2025

1. The case of the petitioner in nutshell is that he has purchased a vehicle

from the State of West Bengal, standing already registered with the concerned

RTO in the said State under No. WP02AR-1898. That after purchase of the said

vehicle, he approached the RTO, Kargil for re-registration of the vehicle as per

the provisions of Section 47 of the Motor Vehicles Act, 1988 and the Rule 54

of the rules framed thereunder, but he was astonished upon being directed to

pay an amount @ 9% of the declared value of the vehicle on account of token

tax for re-registration of the same, as the said issues have already been

addressed and decided by two Division Benches and a Single Bench of this

Court through orders dated 29.04.2021 passed in WP(C) No. 669/2021 titled

Zahoor Ahmad Bhat and Anr. Vs. Government of J&K and Ors., 11.08.2023

passed in WP(C) No. 789/2021 titled Zareena Bano Vs. UT of Ladakh and

Ors., and 09.08.2024, passed in WP(C) No. 3117/2023, clubbed with CCP(S)

No. 67/2024 titled Ishfaq Ahmad Tramboo Vs UT of J&K and Ors.,.

Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document

2. Perusal of the (Annexure-I) to the petition, which is a “No Objection

Certificate” issued by the Government of West Bengal State Transport

Department PVD Kolkata, reveals that the concerned RTO has issued “NOC”

regarding re-registration of the vehicle in the name of petitioner Khadim

Hussain. The said “NOC” also reveals the tax validity up to 05.05.2026.

3. In the light of the Judgments of this Court concerning the issue

involved as hereinbefore referred to, this Court is of the opinion that the instant

petition can be disposed of at this stage by passing appropriate directions,

which otherwise are also meant to be obeyed.

4. Accordingly, the instant petition is disposed of at this stage with the

direction to the respondent No. 3, i.e., Assistant Regional Transport Officer

(ARTO) District, Kargil, UT of Ladakh to allow the application of the

petitioner for re-registration of the aforementioned vehicle under law without

insisting for payment of 9% of the declared value of the vehicle on account of

token tax, however with liberty to the Registering Authority, Kargil to take up

the matter with regard to aforesaid vehicle of the petitioner with the Registering

Authority PVD, Kolkata West Bengal for re-fund of token tax, paid on the

vehicle in question for its payment towards the UT of Ladakh in accordance

with the directions already passed by this Court in the aforementioned

Judgments.

5. Disposed of along with connected CM(s).

(MOHD YOUSUF WANI)
JUDGE
SRINAGAR
01.03.2025
“Mohammad Yasin Dar”

Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document