1) disposal of case depends upon pendency of cases in HC 

2) l Legal fees vary depending upon the lawyer engaged by you

3) You have a good case on merits

Dear Client, being a person with benchmark disability, you are eligible for registration of vehicle under the Divyangjan category without adaptation, based on the Ministry of Road Transport and Highways (MoRTH) G.O. dated 03 February 2023. However, the Transport Commissioner in Telangana has said that life tax exemption for non-adapted vehicles need a G.O. by the state and you could approach the High Court through a writ petition under Article 226 of the Constitution of India. The challenge would be to the inaction of the state in bringing about the MORTH G.O. and seek directions to exempt your vehicle from life tax as per the central directive.

You can seek interim relief to permit usage of your vehicle with the TR, until the case gets resolved. The court would most likely grant such relief because it is in conformance with your fundamental rights and provisions of MoRTH for Divyangjan.

The length of the case is as per the court's calendar and may take a few months to one year to get a final resolution. Lawyer charges for such writ petitions are usually in the range of ₹50,000 to ₹1,50,000 based on the complexity and experience of the lawyer. The strength of the case gets bolstered, and it acts as a precedent for the other similar issues, making a positive outcome more likely. Consulting a lawyer experienced in handling disability rights and motor vehicle cases is strongly recommended.

Hope you find this answer beneficial for resolving the dispute. 

The RTO has categorically refused to grant exemption and seems to have denied the existence of the law you have referred in this regard.

If you are confident that you have been denied justice you can approach high court with a writ petition on the basis of refusal of the relief by the authorities concerned by filing the correspondences as documentary evidence from your side.

You can enquire about the fees from the lawyer you may engage.

The time taken for disposal cannot be predicted.

Yes you can try your luck by filing writ petition HC. 

It sounds like you've encountered significant bureaucratic hurdles while trying to secure life tax exemption for your vehicle as a Divyangjan, which is understandably frustrating. Here are some steps and considerations to address your situation legally and practically:

1. Legal Viability of Filing a Petition

Strong Grounds: Based on the Ministry of Road Transport and Highways (MoRTH) guidelines, you have strong grounds to argue that the state should extend the same benefits to non-adapted vehicles for Divyangjan as to adapted vehicles, especially if those benefits are available in other states like West Bengal.

Precedents: The implementation in West Bengal can serve as a precedent, which might strengthen your case.

2. Temporary Registration (TR) Extension

Legal Provision: Typically, TR can be extended under certain conditions. Despite your RTO's response, the law generally allows for extensions, especially when registration is delayed due to administrative processes or pending legal matters.

Driving with TR: Legally, you cannot drive with an expired TR. You should resolve this either through an extension or by getting the permanent registration done (even if temporarily without the tax exemption) to avoid legal issues related to driving with an expired TR.

3. Filing a Petition

Hiring a Lawyer: Given the complexity and specific nature of your case, hiring a lawyer who specializes in disability rights or administrative law would be advisable. A lawyer can draft and file a writ petition in the High Court challenging the decision of the Transport Commissioner's office.

Interim Relief: Your lawyer can also file for interim relief to allow you to legally drive the vehicle while the case is being decided.

Duration of the Case: The duration of court cases can vary significantly, often taking several months to a year or more, depending on the court's backlog and the specifics of the case.

Costs: Legal fees can vary widely. You might expect to pay anywhere from ₹50,000 to several lakhs, depending on the lawyer's reputation, experience, and location. Some lawyers might charge a flat fee, while others could charge by the hour or a percentage of the tax saved.

4. Immediate Actions

Consult Multiple Lawyers: Get consultations from several lawyers to understand the potential costs, duration, and likelihood of success. Choose a lawyer who has experience with similar cases and seems most understanding of disability rights.

Documentation: Gather all correspondence with the Transport Commissioner, RTO, and any other relevant communications. Also, prepare a detailed narrative of your attempts to resolve the issue administratively, as this will be crucial for your legal case.

5. Continued Advocacy

Advocacy Groups: Consider reaching out to disability rights groups and NGOs that might support your cause or have dealt with similar issues before. They can provide both legal resources and additional pressure on authorities through their advocacy efforts.

Taking these steps can help you navigate the legal complexities and work toward a resolution that recognizes your rights as a Divyangjan. It’s important to tackle both the immediate legal issues (like the TR extension) and the broader problem (tax exemption) systematically.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

There cannot be any dispute with first paragraph. As the  memo/circular is issued to all principal secretaries of States and uts and transport commissioners no g.o. is required from State Government. Response of Tr. Comm.is against the  spirit and letter of said memo. Before approaching Court, issue a lawyer's notice with details of all records warning of legal if your request for registration is divyangjan is not complied. Such notice is condition is condition precedent for filing any case in Court. it is quite possible that your request may be accepted after receipt of lawyer's notice. You will certainly win the  case. An order to extent the  TR can be obtained from Court. It should not take more than six months. Lawyer's fee cannot be discussed in open platform. You will also get the  costs of litigation with lawyer's fee.

sure, we will be fighting for social cause. 

I am not allowed to share details of my location, same can be obtained online. 

In your situation, filing a writ petition in the High Court could be a potential solution to challenge the Transport Commissioner's decision and seek a life tax exemption for your vehicle registered as a Divyangjan vehicle without adaptation. The court could issue directions to the government to follow the central G.O. that allows such exemptions.

As for the temporary registration, it's possible to drive the vehicle with a temporary registration number while the case is pending, provided the RTO allows it. However, it is advisable to clarify the status with a lawyer to avoid any issues with law enforcement.

The case's duration will depend on the court's schedule, but generally, it could take several months to a year for resolution. Regarding the lawyer's charge, it would vary depending on their experience and the complexity of the case, but it's usually in the range of INR 15,000 to INR 50,000 for a writ petition.

It would be beneficial to consult with a lawyer who specializes in public interest litigation or government policies to determine the best course of action.

You should act as per your lawyer advice 

dint take the vehicle out of state 

Apply for and obtain certified copy of HC order 

although HC has directed RTO to register the vehicle as Divyangjan as on date you have an expired TR hence advised you not to travel 

Carry certified or authenticated copy of HC order every official willl be bound to abide 

The status quo means that the same status is to be maintained what it was before filing the writ of certiorari mandamus before high court. 

Even  though the high court has passed an interim order, since the the RTO has already filed the counter objections, the RTO may not entertain your application for registration and other relief until the disposal of the writ petition, therefore if you take your vehicle outside the state without proper registration you would be doing so at your own risk 

Your lawyer's advice seems to be proper, you may decide to follow it or change the lawyer

I would  not travel in my vehicle 

you will be fined in both states 

it is not advisable to travel without proper documents 

 Generally for short trips the out of state vehicles are not charged any tax and moreover you have temporary registration that should not be a problem.

Besides your application is pending approval awaiting court order.

Hence it would not be illegal to travel out state on a short trip.

It willl be contempt of court if they take action against you contravening HC orders 

1. Will you be fined again in Tamil Nadu after paying ₹5000 in Andhra Pradesh?

   • Yes, you can be fined again in Tamil Nadu. Traffic violations are enforced separately in each state, so paying a fine in Andhra Pradesh does not prevent Tamil Nadu authorities from issuing another fine for the same violation. Each time you're caught in a different jurisdiction, a new penalty may apply.

2. Does double jeopardy apply, or does the fine expire within 24 hours?

   • Double jeopardy applies only to criminal offenses, not traffic violations. Traffic fines are administrative penalties, and paying one does not give you immunity from another. There is no "24-hour rule"—you can be fined multiple times if caught again.

3. What would I do in your situation?

   • Given that alternative transportation is too costly, here’s what I would do:

     • Carry all relevant documents:

       • High Court interim order (certified copy)

       • RTO’s acknowledgment of your RC application

       • Expired TR and any communication with authorities

     • Avoid unnecessary stops: Stick to main highways and avoid routes where vehicle inspections are common.

     • Be ready to explain your case: If stopped, calmly present your interim order and acknowledge the pending registration issue.

     • Be prepared to pay fines if needed: If fined, pay immediately and obtain a receipt to avoid further complications.

Additional Suggestions:

• Best Option: If possible, file an urgent application in the High Court requesting explicit permission to travel without RC until the case is resolved.

• Risk Management: Andhra Pradesh and Tamil Nadu police may not easily accept your legal position, so expect possible fines or even vehicle impoundment.

• Plan for delays: If stopped, negotiations with authorities might take time, so plan your journey accordingly.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Driving without RC is continues offence, penalty increases on subsequent offence, double jeopardy does not apply.