[SB08121980]

I would try to keep this post nice and short and to the point .

Before I begin, here is a brief legal history of the vehicle .

Our German Red Maruti 800 was booked and delivered from Resham Motors in Chembur, Maharashtra on 6th August 1996 . The car was registered in my Dad's name ( and still is ) and had a MH ( Maharashtra ) number plate . After we settled down in West Bengal, we submitted relevant forms and documents to have the vehicle re-registered with a WB ( West Bengal ) number plate under Barasat RTO . That was somewhere in the middle of 2008 .

During that time, the Barasat RTO used to be run by touts ; you won't be able to get anything done unless you pay them through the nose . But we ( Dad & I ) stuck to our guns, and decided to get things done by the book . As result, the Regional Traffic Officer gave us a hell of a time, and at one point he even made his intensions clear that he won't re-register the vehicle unless we engage a tout . That's because unless we engage a tout , the RTO won't be able to make money under the table . We responded by saying that if he didn't re-register the vehicle by the book , we would be forced to file a complaint against him with the DM ( District Magistrate ) . After that, he softened up a bit and ordered a clerk to “ stamp and receive “ our application for re-registration .

A few months went by, and though our vehicle didn't get re-registered, we got the news that, that RTO got arrested on corruption charges and the case was initiated by the then DM . I guess someone after being harassed too much actually did complain to the DM . The RTO was arrested and convicted of issuing same RC number to multiple vehicles . That is 2 or more vehicles plying on the roads with identical number plates . That RTO is still serving his sentence till date( as far as I know ).

Things improved with the change of Govt in 2011, and finally our Maruti 800 got re-registered in 2011 . Consequent renewal of registration went smoothly, so smoothly that we almost forgot about the above mentioned incident . Well, almost .

Fast forward to 2021, we applied for the renewal of registration of our Maruti 800 . Everything was going smoothly till the point we were informed that there is unpaid traffic violation challan on the vehicle . And now, the really funny part, the e-challan was generated for traffic violation in Tinsukia, Assam . I actually had to google “ Tinsukia “ to find out it was a town in upper Assam, which is according to Google Maps nearly 1500 kms away . The car has always been driven either by my Dad or me and since 2008, the car has not not crossed district borders ( We have a Honda City for long distanct / highway travels ), let alone cross state borders .

None of our family members and even our relatives have ever been in Assam, and yet we have a e-challan from MoRTH portal saying that our vehicle was driven at 63 kmph in a 20 kmph zone , in Govindapur, Tinsukia, Assam.

And due to this ridiculous challan, the process of renewal of registration got suspended .

I think, thanks to the corrupt RTO ( who is behind bars now ), there is atleast one vehicle running with same number plate as ours, which is the one violating the traffic rules in Assam and elsewhere.

Troublesome part is, presently the challan states that vehicle was over speeding . What if, the vehicle is involved in a “Hit & Run “ incident or even mows down someone, I will have a team of Assam Police knocking on my doors .

I have complained against this challan to the MoRTH portal and also mentioned that there is no image of vehicle in the challan .

I will really appreciate any suggestions / advices on this case . Will be updating this thread, if and when things change

Thanks and Regards

SB08121980

[anjan_c2007]

Having read your ordeal, the best way out would be to file a writ petition in the Calcutta High Court. Both the Transport Commissioners (W.B. and Assam), Transport Secretaries (W.B. and Assam) and your local RTO where the car is presently registered need to be made respondents in the plaint.

Prayers need to be made to:-

- find out the truth about the two similar registration numbers of the two cars after due investigation and calling for all records from the respondents and hearing them to arrive at a logical conclusion.

- direction to cancel the other fake registration of the Assam car after calling for all the requisite papers from W.B. and Assam.

- waive the mistaken identity fine generated for traffic offence for your car's registration number. (also can request issue of an interim direction to this effect)

- direct the local RTO to re-register your car, subject to the car fulfilling all required fitness tests with valid papers. (also can request issue of an interim direction to this effect)

The two above interim reliefs are necessary and such interim directions can be prayed for immediately after the preliminary hearings of the applicant and all the respondents. The court case can drag on for five years or more, but insistence for interim reliefs needs to be made after replies are filed by all respondents concerned and after hearing them.

One or more news clippings about suspension of the corrupt inspector need to be produced as document/s and also a copy of the fine receipt generated at Tinsukia. Also xerox copies of all your car RC and TC documents and insurance policy are necessary as annexures with the writ petition.

Your lawyer may perhaps suggest adding DG (Police) of both states as respondents to investigate and seize the car with the similar, duplicate registration number.