Prikshat Goyal Vs State of Punjab and Others — Writ and Judicial Review | Punjab & Haryana HC (2025)

Prikshat Goyal Vs State of Punjab and Others — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of; petitioner relegated to the appropriate authority, with liberty to file a representation/application within 15 days, to be decided by that authority within one month thereafter by a speaking order after adequate opportunity of hearing. Neither quashing of the order dated 06.08.2020 nor the swap of registration numbers was effected by this Court.

Issue for consideration

Whether the order dated 06.08.2020 (Annexure P-13) passed by respondent no.4 ought to be quashed. +2 more

Ratio / Principle

Since the petitioner has not approached the appropriate authority concerned, the legality of the order sought to be challenged is not required to be evaluated by this Court at this stage.

Key takeaways

Accordingly, the petitioner is relegated to the apt (appropriate) authority concerned.ratio¶18
If the petitioner files a representation/application/any other requisite motion qua the prayer made in the petition before the authority concerned, in accordance with law, within 15 days, that authority shall make all endeavours to decide the same within a period of one month thereafter, by passing a speaking order, after giving an adequate opportunity of hearing to the petitioner.ratio¶19

Detailed headnote1 paragraphs

CWP-16918-2020 (High Court of Punjab and Haryana at Chandigarh; decided 03.03.2025; Kuldeep Tiwari, J., oral judgment). Writ petition under Article 226/227 of the Constitution of India seeking (i) quashing of order dated 06.08.2020 (Annexure P-13) passed by respondent no.4, and (ii) a mandamus to allow swapping of vehicle Registration Nos. PBQ-0001 and PB-04-AB-0008. Examining the order passed pursuant to an earlier mandamus of this Court, the Court found the petitioner had approached the Secretary, Regional Transport Authority, Faridkot, whereas the registration numbers sought to be swapped belong to the Sub Divisional Magistrate(Civil)-cum-Registering and Licensing Authority (Motor Vehicles), Nakodar, District Jalandhar. As the petitioner had not approached the appropriate authority, the legality of the impugned order was not evaluated; the petitioner was relegated to the apt authority, with a conditional direction that any representation filed within 15 days be decided within one month thereafter by a speaking order after adequate opportunity of hearing. Disposed of accordingly.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-16918-2020

Date of Decision : 03.03.2025

PRIKSHAT GOYAL .....Petitioner

VERSUS

STATE OF PUNJAB AND OTHERS .....Respondents

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present : Mr. Surinder Garg, Advocate, for the petitioner.

Mr. Sahil R. Bakshi, AAG, Punjab.

KULDEEP TIWARI, J.(Oral)

Through the instant writ petition filed under Article 226/227 of the Constitution of India, a prayer is made for quashing of order dated 06.08.2020 (Annexure P-13), passed by respondent no.4. The petitioner further seeks issuance of a mandamus upon the respondents to allow swapping of Registration No.PBQ-0001 and PB-04-AB-0008, which are in the name of present petitioners.

This Court has examined the order passed by the authority concerned, upon a mandamus passed by this Court. It reflects from the order that the petitioner has in fact approached the Secretary, Regional Transport Authority, Faridkot, whereas, the registration number PBQ-1,

DHARAM VIR 2025.03.05 14:23 I attest to the accuracy and integrity of this document

CWP-16918-2020

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which were sought to be swapped, belongs to Sub Divisional Magistrate(Civil)-cum-Registering and Licensing Authority (Motor Vehicles), Nakodar, District Jalandhar.

Since, the petitioner has not approached the appropriate authority concerned, therefore, at this stage, the legality of order as sought to be challenged before this Court, is not required to be evaluated by this Court. Therefore, the petitioner is relegated to the apt authority concerned.

In case, the petitioner files a representation/application/any other requisite motion qua the prayer made in the instant petition, before the authority concerned in accordance with law, within 15 days from today, the latter concerned, shall make its all endeavours to decide the same within a period of 01 months thereafter, by passing a speaking order, after giving an adequate opportunity to hearing to the petitioner.

Disposed of accordingly.

March 03, 2025	(KULDEEP TIWARI) JUDGE
dharamvir
Whether speaking/reasoned.	: Yes/No
Whether Reportable.	: Yes/No

DHARAM VIR 2025.03.05 14:23 I attest to the accuracy and integrity of this document