“ 3. The learned Government Pleader pointed out that the permit-less certificate is insisted since the application for renewal of the permit in respect of the vehicle is pending. In other words, the stand of the respondent is that the petitioner is not entitled to transfer the vehicle during the pendency of the application for renewal of the permit. No provision in the Motor Vehicles Act empowering the Registering Authority to insist a permitless certificate of the vehicle from the Regional Transport Authority concerned for effecting transfer in respect of a vehicle is brought to the notice of this Court. Likewise, no provision interdicting the sale of the vehicle during the pendency of an application for renewal of the permit issued in respect of the same is also brought to the notice of this Court. The question whether the petitioner is entitled to pursue the application for renewal without there being a vehicle is a matter for the Regional Transport Authority concerned to consider at the relevant point of time. So long as there is no legal impediment for the petitioner to sell his vehicle, the impugned order, to the extent it directs the petitioner to produce the permitless certificate, is unsustainable. In the circumstances, the writ petition is allowed and the interim order passed by this Court on 20.01.2017 directing consideration of Exts.P2 and P2(a) applications without insisting the permit-less certificate is made absolute.”
