Disposed¶13

Anurag Singh v. State of U.P. and 5 Others

Allahabad HC19 Jan 2023WRIA/19886/2022

Case brief

AI extract

What is this about?

Allahabad High Court; WRIT - A No. - 19886 of 2022; Anurag Singh v. State Of U.P. And 5 Others; vehicle registration; transfer of ownership; vehicle U.P.15-CS-8286; Road Transport Officer / Assistant Regional Transport Officer, Meerut; representation dated 18.11.2022; purchase for Rs.5,70,000/- on 21.10.2022; earlier owner disputed sale and filed objection; disputed facts; no positive direction; disposed of with leave to file appropriate application; Mahesh Chandra Tripathi, J.; Vivek Kumar Singh, J.; Order Date 19.1.2023.

What did the court decide?

No substantive relief granted; no positive direction passed. Writ petition disposed of with leave to the petitioner to file an appropriate application before respondent no.3 (Road Transport Officer, District Meerut), which the authority would then proceed with as per law. ¶13

Anurag Singh Vs State of U.P. and 5 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent no.3 (Road Transport Officer, District Meerut) should be directed to register vehicle number U.P.15-CS-8286 in the petitioner's name in pursuance of the transfer of ownership letter dated 21.10.2022. +1 more

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Court's answer

If the petitioner files an appropriate application before the third respondent, the authority would proceed as per law.

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Ratio / Principle

Since a disputed fact has been urged (the earlier owner disputing the sale and filing an objection), the Court was not inclined to pass any positive direction on the petitioner's prayers.

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Detailed headnote1 paragraphs

Writ petition (WRIT - A No. - 19886 of 2022, High Court of Judicature at Allahabad, Bench of Mahesh Chandra Tripathi and Vivek Kumar Singh, JJ., decided 19.1.2023) filed by Anurag Singh against the State of U.P. and others, seeking mandamus to the Road Transport Officer, District Meerut (respondent no.3) to (i) register vehicle number U.P.15-CS-8286 in the petitioner's name pursuant to the transfer of ownership letter dated 21.10.2022, and (ii) decide his representation dated 18.11.2022 on the transfer of ownership. The petitioner had purchased the vehicle from respondent no.4 for Rs.5,70,000/- on 21.10.2022 and his transfer application before the Assistant Regional Transport Officer, Meerut was pending. Per instructions dated 18.1.2023 of the Assistant Regional Transport Officer (Administration), Meerut, the earlier owner disputed the sale and had filed an objection, so the petitioner's application could not be processed in absence of an appropriate application. Observing that a disputed fact had been urged, the Court declined to pass any positive direction and disposed of the writ petition with leave, recording that if the petitioner files an appropriate application before the third respondent, the authority would proceed as per law.

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Court No. - 40

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Case :- WRIT - A No. - 19886 of 2022 Petitioner :- Anurag Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mukesh Chandra Gupta,Shubham Prakash Gupta

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Counsel for Respondent :- C.S.C

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.

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Heard Sri Mukesh Chandra Gupta, learned counsel for the petitioner and Shri Virendra Kumar Gupta, learned Standing Counsel for the State respondent nos.1 to 3.

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Present writ petition is preferred seeking following principal reliefs:-

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"(1) Issue a writ or direction in the nature of mandamus directing to the respondent no.3 (Road Transport Officer, District Meerut) to register the vehicle number U.P.15-CS-8286 in the name of the petitioner in pursuance of the transfer the ownership letter dated 21.10.2022.

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(2) Issue a writ or direction in the nature of mandamus directing the respondent no.3 (Road Transport Officer, District Meerut) to decide the representation dated 18.11.2022 in regard to transfer the ownership of vehicle number U.P.15-CS-8286 in the name of the petitioner."

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Learned counsel for the petitioner submits that the petitioner has purchased the vehicle in question from respondent no.4 for a sum of Rs.5,70,000/- on 21.10.2022 and detail is furnished as Annexure No.1 to the writ petition. Thereafter, he has applied for transfer of ownership of the vehicle before the Assistant Regional Transport Officer, Meerut (respondent no.3) on 21.10.2023, which is pending consideration. It is submitted that so far as the grievance of the petitioner is concerned, he has already filed a representation dated 18.11.2022 before the respondent no.3 for redressal of his grievance, which is still pending. He has confined his prayer only to the relief that his representation dated 18.11.2022 may be considered by the appropriate authority.

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Learned Standing Counsel has placed the instructions dated 18.1.2023 sent by the Assistant Regional Transport Officer (Administration), Meerut and submits that earlier owner of the vehicle has disputed the sale and he has filed objection. As such, in absence of appropriate application, the application of the petitioner cannot be processed.

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Considering the facts and circumstances as disputed fact has been urged, we are not inclined to pass positive direction.

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Needless to say that if the petitioner files an appropriate application before the third respondent then the authority would proceed as per law.

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With the aforesaid leave, the present writ petition is disposed of.

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Order Date :- 19.1.2023 RKP

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Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad

Anurag Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Anurag Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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