Allahabad High Court
Goodwin Jacob vs State Of U.P. And 2 Others on 2 August, 2021
Bench: Kaushal Jayendra Thaker, Subhash Chand
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- WRIT - A No. - 8847 of 2021 Petitioner :- Goodwin Jacob Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioner and learned Chief Standing Counsel for the State-respondents.
This petition has been filed with the following prayer:-
"(i) Issue a writ order or direction in the nature of Mandamus directing the Assistant Regional Transport Officer Kanpur Dehat/respondent no. 2 to register the vehicle in question vehicle LPT 2518 bearing Chassis No. MAT 448037G5B03056 Engine No. 61B84283191 previous Registration No. UP77T9738 in the name of the petitioner after completion of requisite of formalities within specific period as fixed by this Hon'ble Court.
(ii) Issue a writ order or direction in the nature of Mandamus directing the respondent no. 2 to consider and decide the matter/representation of the petitioner within specific period as fixed by this Hon'ble Court."
The petitioner has purchased a vehicle LPT 2518 bearing Chassis No. MAT 448037G5B03056 Engine No. 61B84283191. However, unfortunately the petitioner has been denied the same to be in his possession. A similar order came up before this Court which at page 23, namely identical matter came in the month of March, 2021 wherein the following order has been passed:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner is an auction purchaser of the vehicle in question.
It is stated that after finalization of the auction proceeding, vehicle has been released in the name of the petitioner by the respondent-bank. The letter of release of vehicle issued by the Bank in favour of the petitioner has been appended as Annexure 3 to the writ petition.
The contention is that the registration of vehicle has yet not been made in the name of the petitioner by the respondent No.2.
Prayer in the writ petition is to issue a direction to the respondent No.2 to register the vehicle in question in the name of the petitioner after completion of requisite formalities.
Learned Standing Counsel appearing for the respondent Nos.1 and 2 states that 'No Objection Certificate' has been given by the respondent-bank and only on receipt of the 'No Objection Certificate', vehicle can be registered in the name of the petitioner.
Be that as it may, it is kept open for the petitioner to approach the respondent No.2 seeking registration of the vehicle in his name alongwith the copy of this order within a period of two weeks from today. In case, the petitioner approaches the respondent No.2, he shall get necessary clarification from the respondent-bank so as to complete all requisite formalities for registration of the vehicle in the name of the petitioner. The entire exercise shall be completed within a period of three weeks from the date of receipt of the application from the petitioner.
In view of above, the writ petition stands disposed off."
The respondent shall register the vehicle in the name of the petitioner as he has purchased the same in auction and even if the earlier registration is cancelled as per order at Annexure-3, Letter Memo/T.R/2019 dated 18.06.2021 and the officer concerned can see that parties are not being unnecessarily harassed by delegating them to move this Court under Article 226 of the Constitution of India.
With these observations this petition is allowed.
Prayer prayed for are granted.
Requisite formalities be completed within four weeks' from today.
Order Date :- 2.8.2021 PS