Petitioner challenged the holder of a vehicle's registration certificate. The Court found the vehicle was still in the petitioner's possession and the chassis had not been handed over. It dismissed the petition for cancellation, refusing interference under Article 226.
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Court No. - 39 Case :- WRIT - A No. - 10613 of 2020 Petitioner :- Anil Kumar Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Bajarang Bahadur Singh Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and Shri B.P.Singh Kachhawah, learned Standing Counsel for the State.
The instant petition has been filed seeking following reliefs :
"i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to cancel the registration certificate of vehicle no. U.P. 61 T-0219;
ii) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case';
iii) Award cost of the petition to the petitioner."
By the order dated 02.12.2020 the learned Standing Counsel was directed to seek instructions in the matter with regard to handing over the Chasis to the concerned Clerk.
Learned Standing Counsel has obtained detailed instructions in the matter and submits that vehicle is still in possession of the petitioner as such the contrary averments made by the petitioner is absolutely misconceived.
Considering the submissions made at the Bar, we find that Chasis of the vehicle has yet not been handed over to the respondent authority and admittedly the vehicle is in possession of the petitioner, as such no case is made out to direct the respondent to cancel the registration certificate of the vehicle in question.
In view of the above, we are not inclined to interfere in the matter in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India.
The writ petition is, accordingly, dismissed .
Order Date :- 5.1.2021 VR/
1 issue framed by the court
Whether the High Court should direct the cancellation of the vehicle registration certificate when the vehicle chassis has not been handed over to authorities.
1 provisions across 1 enactments
Anil Kumar Singh
State of U.P.
Naheed Ara Moonis
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
