The High Court held that unsolicited delay by the Registrar in registering an auctioned vehicle constituted arbitrary harassment, imposing a Rs. 50,000 cost award despite the petition's disposal post-compliance.
Awarded Rs. 50,000 costs to the petitioner against Respondents 1 and 2 to be paid within one month.
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Court No. - 34
Case :- WRIT - A No. - 2786 of 2019
Petitioner :- Sanjay Jaiswal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
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“Photocopies of aforesaid papers had been placed on concerned desk on 31.01.2017 of the office of undersigned for registration.” (English Translation by Court) 4. We are also informed about Rule 57(2) of Central Motor Vehicle Rules, 1989 (hereinafter referred to as “Rules, 1989”) , which reads as under :
“(2) Where the vehicle auctioned is a vehicle without any registration mark, or with a registration mark which on verification is found to be false, the registering authority shall, subject to the provisions of section 44, assign a new registration mark to the vehicle in the name of the Department of the Central Government or State Government
2
auctioning the vehicle and thereafter record the entries of transfer of ownership of the vehicle giving the name and address of the person to whom the vehicle is sold :
Provided that motor vehicle in the name of the Central Government or State Government shall not be transferred by the concerned registering authority without verifying the proceeding of the auction or disposal of the concerned vehicle.” (emphasis added)
3
Order Date :- 3.4.2019 KA
2 issues framed by the court
Whether the delay in registering an auctioned vehicle without valid reason amounts to arbitrary and illegal harassment requiring a cost award.
How to dispose of a writ petition where the respondent has already complied with the registration order.
Sanjay Jaiswal
State Of U P
3 Others
Sudhir Agarwal
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
