You cannot seek any interim reliefs which you have not claimed in the writ petition filed by you 

2) if said reliefs are not prayed for you will have to amend the petition 

3) if reliefs are prayed for then you can seek the interim reliefs sought by you 

I have carefully examined the facts of your case, including the earlier interim order of the Hon’ble High Court, the Transport Department’s non-compliance, the refusal of insurance companies to renew your policy without RC, and the financial and practical hardship you have been facing for almost a year. In these circumstances, you are fully entitled to seek further protective directions from the Court.

Since the authorities have not implemented the earlier interim order, the correct and effective legal remedy is to file an Interlocutory Application (IA) in the same writ petition seeking limited, urgent interim relief. The Court can certainly grant a second interim order when non-compliance with the first order causes fresh injury to the petitioner. Your proposed reliefs—permission to use the vehicle across South India without fear of seizure and a direction to insurers to renew the policy based on chassis/engine/TR details—are well within the Court’s powers under Article 226.

Your difficulty with insurance renewal is genuine. IRDAI allows renewal of policies based on chassis and engine numbers when registration is delayed for reasons beyond the owner’s control. Since the RC has not been issued solely because the department failed to comply with an existing judicial order, the writ court can direct insurers to renew the policy or at least protect you from any penal consequences until RC is issued.

Alongside the IA, you also have the option of initiating contempt proceedings against the Transport Department for wilfully disobeying the earlier order. Even the filing of a contempt petition often pushes the department to comply immediately. The Court takes such non-compliance seriously, especially when it affects a Divyangan citizen.

Regarding your counsel, you are absolutely entitled to proper communication and timely action. If a junior advocate refuses to respond professionally, you may send a written request to the Senior Advocate directly—politely but clearly—seeking the filing of the IA. You may also choose to change your advocate at this stage if you feel your matter is not being handled diligently. The interim order already passed remains valid regardless of change of counsel.

Given that your insurance expires on 3rd December, it is important to act quickly. The IA should be filed without delay, and your advocate must mention the matter before the Court for urgent listing on the ground that non-renewal of insurance places your safety and mobility at risk. Courts regularly hear such mentioning requests when genuine hardship is shown.

Yes you can secure the said interim order

If you had not included the proposed/desired reliefs in the original petition then you may have to file an amendment petition to amend your petition to include the desired reliefs and after the amendment petition is allowed then only the case will be posted for arguments on the interim relief sought.

You may have to approach your advocate for this.

1. Your problem will be over once the W.P. is finally decided for which your present lawyer shall have to act.

2. Till then he should file the CAN (Connecting Application as we call it at Calcutta High Court)  praying for the interim reliefs proposed by you.

Immediately tell your counsel to:

1. File an Interim Application in the same writ for (a) all‑India or South‑India use protection and (b) direction to renew insurance on chassis/engine/TR details; and

2. Mention the matter for urgent listing citing insurance expiry and disability‑related hardship.

My advice from the information made available in your note is as under"

1. A few queries would arise here. These might have already been addressed by your lawyers. However, I would like to put them here for your consideration. If the Hon'ble High Court had passed Interim Order to register your vehicle, then was that order vacated or stayed? Because, merely allowing the transport department to file a counter affidavit does not mean the earlier order is stayed. Unless stayed or vacated, the transport department has violated the orders by not complying with the same and this amounts to contempt. If this is the case, then you may consider filing a contempt petition.
2. Further, from your note, I am unable to understand if the vehicle is currently registered under any particular classification, or is it not having any registration and being used without registration? The situation and suggestion could change considering this.
3. For the 'second interim order' (as you are referring it), the only course of action required is to file an application before the Hon'ble Court seeking the interim relief. However, the consideration of such an application would depend primarily on the above two issues that I have mentioned above.

Wish you all the best, and hope you get the required relief soon. 

1. You can take permission from the said Court after filing an application 

2. Yes, the insurance company is bound to renew the insurance , however you can send a notice to the insurer and if no comply then file an application for getting the same. 

1. File Contempt Petition immediately.
2. Along with it, file IA for modification/clarification allowing inter-state use + compulsory insurance renewal.
3. Mention before Bench for urgent listing citing financial hardship + inability to insure + earlier disobedience.
4. If present lawyer won’t move aggressively, change counsel this week. No more waiting.

You’ve already lost a year. Continuing like this guarantees you lose one more. Get aggressive or nothing changes.

You already paid the fee to your counsel and rest is up to your counsel, visit his chamber and asked/request him to expedite the matter .

I understand the frustration and hardship you are facing, especially when you have already obtained an interim order in your favour and yet the authorities have neither implemented it nor complied with it. You have also acted diligently by filing the counter, rejoinder and posting slip, but the matter has remained stalled due to administrative delays. The difficulty in renewing insurance, restrictions on use of the vehicle and additional travel expenses are direct consequences of non-compliance by the Transport Department, not due to any lapse on your part.

At this stage, you do not need to immediately change your lawyer, and the fees already paid will not go to waste. However, you must ensure that the matter progresses without further delay. The next effective legal step is to file either:

1. An Interlocutory Application (IA) seeking urgent interim directions, requesting permission to use the vehicle across states pending disposal of the writ petition and directing insurance companies to renew the policy without insisting on RC; or
2. A Contempt Petition for wilful non-compliance of the interim order already passed by the Hon’ble High Court.

In many similar situations, even filing a contempt petition prompts immediate action by the government department, as officers avoid being summoned for disobedience of a court order. High Courts take such disobedience seriously, especially where the rights of a Divyang litigant are being frustrated.

Along with the IA or contempt petition, the matter must be mentioned before the Court for urgent listing. Mentioning is an independent process and does not depend on scrutiny or listing delays. Once mentioned, the Court may:

• Direct the registry to list the matter immediately,
• Grant temporary protection pending hearing,
• Direct the insurance company to renew the policy based on chassis/engine/TR details, or
• Direct the Transport Commissioner to comply with the earlier order within a fixed timeline.

Your email record, communication gaps and the hardship faced can form part of the affidavit in support of the IA.

If your current counsel continues to delay or remain unresponsive even after a written instruction, then you are well within your rights to obtain new representation. A change of advocate does not affect the validity of the interim order or the progress already made.

It is always advisable to take guidance from an expert in the specific field, and obtaining a second legal opinion at this stage would be beneficial. This ensures proper strategy, accountability and oversight so that the case proceeds on the correct track without further procedural lapses.

Since your insurance expiry deadline and travel restrictions involve ongoing hardship, the priority now is to secure an urgent listing or interim protection from the Court rather than waiting passively for administrative movement.

Once the matter is heard, the relief you are seeking is likely to be granted because it flows directly from the earlier interim order already passed in your favour.

If required, I can assist in drafting the urgency note, IA, contempt petition or structured email to your existing counsel.

You can seek expedited hearing if you are senior citizen 

litigation is long drawn process . Lakhs of cases are pending . You case will come on board in due course 

You try circulation showing urgency if any in said matter

The court process is subject to such delays, patience is the only solution to this for present.

You can approach the senior advocate directly in person and request him to follow it up effectively for an expeditious listing of the case.

This is a practical situation hence any amount of opinions or advises received from such legal platforms to such issues may not be of any help to you

Act as per your lawyer advice 

You have stated that the transport commissioner has filed a counter affidavit, hence there arises no question of contempt of court order agaisnt the transport commissioner until disposal of the interim petition.

There is no necessity for you to pay the lifetax as demanded by the DTO, in fact when the case is pending before court for disposal in this regard, the police or the RTO cannot initiate any action for not registering the vehicle because you have filed the writ petition against the transport department only.  However at this stage you may follow the instructions of your senior advocate by getting in touch with him directly if the junior lawyer is not responding or cooperating properly 

Yes contempt petition can be file in HC for the same

Based on what you have explained, filing the contempt petition is the correct step at this stage. The Transport Commissioner and the DTO have clearly failed to comply with the interim order of the Hon’ble High Court. When a court has already directed registration of the vehicle without life tax, the department cannot issue a memo asking you to pay the same tax that the court has expressly waived. That qualifies as wilful disobedience, not administrative confusion.

Once a contempt petition is filed, your counsel should also simultaneously press for an urgent hearing by submitting a listing request with a mentioning slip. Courts generally prioritise contempt matters, especially where the conduct of the authorities is obstructing implementation of a disability-related benefit already secured by judicial order.

Alongside the contempt petition, it would also be appropriate to file the earlier proposed Interlocutory Application seeking limited interim relief for:

Permission to use the vehicle without fear of seizure or penalty until the matter is finally heard; and

Direction to insurers to renew the policy on the basis of the chassis/engine number since holding a valid insurance policy is a legal obligation under the Motor Vehicles Act.

Both remedies are independent but complementary. The contempt petition addresses the violation of the existing order, whereas the IA protects you from ongoing hardship until final adjudication.

If the court directs the Transport Commissioner to personally appear or file an affidavit, the matter will likely move faster. Courts do not look favourably at officers who deliberately defy judicial directions, especially where the beneficiary belongs to the Divyangjan category and the benefit withheld is essential for mobility and daily functioning.

Since you have already experienced communication delays, maintaining written records—emails, acknowledgements, memos, and the earlier order—will help strengthen the contempt action.

It is also advisable to take an independent review from another constitutional litigation expert. A second opinion does not mean replacing the present counsel immediately—it simply ensures that the case remains on the right strategic track and that no procedural or timing opportunity is missed.

If needed, I can prepare the draft of the contempt petition, the urgency mentioning note, and the supporting affidavit so that filing and listing happen without further delay.

You have put in two messages/comments. 

1. Let me take the first one first. You have described your current situation, and finally asked "What could be done?" .. My straightforward answers are: 

(a) Theoretically many things can be done. However, they do not make sense practically. 

(b) The only two practical options to you are; (i) Obtain NOC from the junior lawyer and go to a different lawyer. But, unfortunately you have paid the fees. I will not comment much about that. (ii) If the earlier option is not possible, then you can consider married to this lawyer for this case and somehow mange. 

(c) There is another option, but may not be practically suitable given your other works and clashes. You can appear as party in person. 

2. From your 2nd comment, I note that your lawyer is now planning to file contempt petition. This is what I had suggested in my first note. This should have been done much earlier. Whatever the transport department authority is saying to you is 'bunkum'. Ask your lawyers to issue a legal notice for contempt of court and then proceed accordingly. 

3. I also suggest that while issuing the contempt notice to the authorities, you can ask your lawyers to ask the authority to give you a 'temporary registration' without any fees/charges and make it valid till the Secretary of Transport Department honors the Court order. 

My best wishes to you, and wish you get an early relief.   

1. Contempt is the correct next step.
   DTO’s memo insisting on life tax, despite a clear interim order to register as Divyangjan without life tax, is classic wilful disobedience and can be challenged by a civil contempt petition under the Contempt of Courts Act, 1971 in the same writ.​

2. What your lawyers should file now (in High Court):

   • Contempt case against the Transport Commissioner and DTO for non‑compliance with the interim order (attach the interim order + your representation + DTO’s memo).​

   • Alongside, an IA in the writ seeking:

     • immediate direction to register the vehicle as Divyangjan without life tax, and

     • direction to insurers/Transport to accept chassis/engine/TR details for renewal till RC is issued, citing disability hardship.​

3. How to break the “stuck in scrutiny” problem:

   • Ask your counsel to “mention” both the contempt and the IA for urgent listing before the roster writ Bench, relying on disability, ongoing loss, and clear disobedience of the Court’s order—High Courts routinely fast‑track such contempt/implementation issues.​

4. On the lawyer issue:

   • You are not legally barred from changing counsel just because you paid fees, but since the senior is now agreeing to file contempt + IA, give them one clear last chance with a written instruction (email) listing exactly what you expect them to file and by when.

   • If they still delay or refuse to mention the matter urgently, you can then consider engaging a new advocate with a simple change‑of‑vakalat in the same writ and proposed contempt.

- Since, you have paid the lawyers fees , then you can approach the Senior counsel without any delay and he is bound to listen to you. 

- Further, you can move an urgent application before the High Court for an expediate the proceedings 

1. There has already been an interim order which has not been complied with till date & interim order means an order for the time being which will be decided later on  finally.

2. You are required to file a contempt petition.

It is a fit case for filing Contempt Petition.

The respondents cannot rely on any counter affidavit filed earlier in the writ petition to escape the present contempt proceedings. A contempt case is a separate and independent proceeding. The High Court has expressly directed the respondents to “show cause” in the contempt case by filing a counter affidavit on or before 06.02.2026. This means a fresh, specific counter affidavit in the contempt proceedings is mandatory. Any explanation earlier given in the writ petition does not automatically amount to compliance, nor does it answer the allegation of wilful disobedience raised in the contempt affidavit.
More importantly, filing a counter affidavit is not a substitute for compliance. The law of contempt is settled that once an interim or final order is passed, the authority must first obey it. Justifying non-compliance through explanations, correspondence, internal approvals, or claims of lack of authority does not protect the officer. The Court is examining whether the order dated 02.01.2025 was complied with, not whether reasons existed for delaying or modifying it.
As things stand, the safest and legally expected course for the respondents is to comply with the interim order immediately, and then place that compliance on record by way of a counter affidavit. If they merely file a counter affidavit without complying, they run a serious risk of the Court treating the disobedience as continuing and wilful, especially since the order already warns of personal appearance and costs.
If the respondents comply now, that compliance will significantly mitigate their exposure in contempt. Courts generally take the view that contempt is remedial, not punitive. If compliance is completed before the next hearing and placed on record, the Court may close or soften the contempt proceedings, though it can still impose costs for the delay already caused.
On the timeline for registration once compliance begins: registration of a vehicle, once the authority decides to act, is not a long or complex process. Practically, after internal approval or instruction is issued, registration can be completed within a few working days, typically between 3 to 7 days, depending on local workload and whether documents are already on record. Since your vehicle details, interim order, and disability status are already known to the department, there is no legal justification for prolonged delay. Any attempt to stretch the process beyond a reasonable administrative timeframe can itself be shown to the Court as further non-compliance.
In summary:
The respondents must file a separate counter affidavit in the contempt case; earlier writ affidavits do not suffice.
They are expected to comply first, not merely explain.
Compliance now will reduce their contempt exposure but does not erase past default.
Registration, once ordered internally, should realistically be completed within a few days, not weeks.
Any continued delay after this contempt order will be viewed very seriously by the Court, given the clear warning of appearance and costs.
You should ensure that on the next date, your counsel presses both points clearly: absence of compliance as on date, and whether any concrete steps (file movement, approval, registration number generation) have actually been taken pursuant to the interim order.

The high court is hearing the contempt petition now and issued show notice to the respondent to explain the cause by filing an affidavit giving reasons why contempt proceedings should not be initiated against them. 

If the respondents file the affidavit giving reasons before the next date of hearing then the high court may proceed with the contempt for court order proceedings as per procedure of law and merits. 

The registration process if not completed then the respondent has to give reasons for not complying with court order,  if the court is satisfied with the reasons it may pass orders accordingly. 

Yes they need to comply else you can move contempt proceedings. Registration may take ample time needed for the same 

They are required to comply with HC order and file affidavit before next date of hearing 

it should not take more than a month to complete registration process 

1. Can they use the old Counter-Affidavit as a defense?

No. Distinct Legal Issue: The Writ Petition is about the legality of the tax; the Contempt Case is about disobeying a court command.

• Fresh Requirement: The Court specifically ordered a new counter-affidavit for the contempt. They cannot simply point to their old filings.

• Purging the Contempt: In Indian law, the only real way to "purge" (clear) civil contempt is compliance. They must show they have registered the vehicle or face personal appearance and fines on 06.02.2026.

2. How long will registration take if they comply now?

If the Transport Commissioner issues the instruction today to avoid the February hearing:

• System Override: It takes 24–48 hours for the IT cell to "unlock" your chassis number in the Vahan system to allow ₹0 life tax.

• PR Generation: Once unlocked, the DTO can generate your Permanent Registration (PR) number instantly.

• Digital RC: You can download the mParivahan/Digital RC the same day. This is 100% legal for insurance renewal and interstate travel.

1.The Order is for showing cause for not complying with the Order and not for complying with the Order.

2, So, the Respondents shall have to file their reasons under affidavit for not complying with the Order.

Dear client,

 It is important to note that in the instant case a contempt petition is a separate proceeding and the counter affidavit filed in the writ petition cannot be considered with regard to the contempt proceeding. The counter affidavit filed in the earlier WP does not amount to compliance. Irrespective of it being filed in the WP, it should be filed in the contempt case specifically for showing compliance. Until and unless a specific action is taken by the opposite party that is an immediate action is taken showcasing the compliance otherwise the delay will be considered deliberate.        

For showing compliance, the opposite party should show that registration process has been initiated, that is the initiation of the particular act should be taken. Otherwise, the court will be passing coercive directions against the opposite party.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.