CUTTACK, India, March 11 -- Orissa High Court issued the following order on Feb. 10:

1. The instant Public Interest Litigation was filed by the petitioner seeking writ of mandamus upon opposite party nos.1 and 2 to quash the notification dated 20th December, 2025 with further direction that the authorized agency for issuance of the Pollution Under Control Certificate should not insist for clearance of challan pending against the particular vehicle.

2. On the last occasion, it was brought to the notice of this Court that on the instruction of the Government, the Petroleum Retail Outlets were refusing to vend the Petrol/Diesel on the pretext that the challan issued against the particular vehicle has not been cleared off. Several provisions of the Central Motor Vehicles Rules, l989 (for short, "the Rules") were cited before this Court, which according to the petitioner, do not contain any such prohibitory provisions.

3. Learned Additional Government Advocate after taking an instruction, brought to the notice of this Court that the prohibitory order, which was issued by the Government, pertaining to the sale of the Petrol/Diesel to a particular vehicle, over which there is pending challan, has subsequently been revoked and/or recalled. There is no prohibition in selling the Petrol/Diesel to the owner of vehicle or the person who has brought the motor vehicle to the Petrol pump for purchase of Petrol/Diesel and, therefore, the primary grievance in the instant Public Interest Litigation has already been meted out.

4. Though the aforesaid point became diluted on the subsequent stand taken by the Government, the ancillary point remained to be answered where the Pollution Under Control Certificate is denied by the authorized agency due to pendency of challan on the said vehicle.

5. Rule 115 of the Rules contains an exhaustive provisions relating to the emission of smoke, vapour, etc. from the motor vehicles to be tested and clearance certificate issued by the Registered/authorized agent is sine qua non for plying of the vehicle on the road. It also invites penalty to be imposed under Rule 161 of the Rules in the event the driver or the person in-charge of the vehicle fails to submit the certificate. Rule 167 of the Rules assumes significance in this regard which provides for issuance of the challan in the event of violation of any provisions of the Act or the Rules thereunder and the mode of paying the amount shown in the challan. There appears to be a radical change in the said Rule 167, which stood prior to 20th January, 2026 and the amended Rules, i.e., the Central Motor Vehicles (Third Amendment) Rules, 2026, as stood now, is reproduced hereunder:-

"167. Procedure for issuance and payment of challan:-

(1) Any police officer in uniform or any other officer, authorized by the State Government in this behalf shall issue a challan, through system either in physical or electronic form, to a person acting in violation of the provisions of the Act, or rules made thereunder.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv%2BmyHEMdjv7mr7oUHLatrB2qxyuS980hs6SG%2B27pfYkQ&caseno=WP(C)/157/2026&cCode=1&cino=ODHC010000472026&state_code=11&appFlag=)

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