Respected Advocates, I seek guidance regarding an issue arising out of my pending writ petition. Many members may recall my earlier post from about a year ago. The Hon’ble High Court granted an interim order directing the authorities to register my vehicle as Divyangan without life tax. However, the Transport Department, particularly the Transport Commissioner, did not comply and instead filed a counter-affidavit. We submitted a detailed rejoinder in response. We also filed a posting slip requesting early listing, but unfortunately, the matter has not been moved before the Court till date. In the meantime, my car insurance is due for renewal on 3rd December 2025. All insurance companies have refused to renew the policy solely due to the absence of an RC, even though the RC is pending only because the writ petition is sub judice. I have now lodged a complaint on the IRDAI portal and I am awaiting their decision. My counsel is a designated Senior Advocate with a team of junior advocates. One of the juniors is handling my matter under his supervision. When I enquired once in a month about the status but did not receive any response despite reminders, the junior replied in an unprofessional manner, stating that he is “not a customer care executive.” I responded politely and thereafter shifted to email-only communication for clarity and record-keeping. The Senior Advocate’s total fee was ₹60,000, of which ₹50,000 was paid to him and ₹10,000 to the junior. Only one hearing has taken place in the matter so far, and that was on our side. Because of the RC issue and the inability to renew insurance, I have not been able to take the vehicle outside Hyderabad for the past year. As a family of five, travelling by car to nearby cities such as Bengaluru or Chennai would save a substantial amount compared to flight tickets, cabs, and hotel expenses. This situation has caused a significant financial burden. Further, we are hesitant to leave the state in this vehicle because of the fear of penalisation or impounding, even though the matter is pending before the Court. Additionally, there were minor accidents last year, but I could not file insurance claims because insurers (informally) insisted on RC, resulting in further financial loss. Given this continued hardship, I requested my lawyer to seek the following interim reliefs, which would effectively amount to a second interim order in the same writ petition: 1. Permission to use the vehicle for travel across South India until disposal of the writ petition; and 2. A direction to the insurance companies to renew my policy based on the chassis number, engine number, and expired TR number (which remains active in the system despite expiry). I kindly seek the learned members’ guidance on the appropriate legal course of action, particularly regarding obtaining a second interim order and addressing the insurance renewal issue during pendency of the writ petition. Awaiting for ur response
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Lawyers are available now to answer your questions.
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:
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
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"
Wish you all the best, and hope you get the required relief soon.
