PATNA HIGH COURT
Navaniti Prasad Singh, J.
Shashi Ranjan
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 15668 of 2004 ;
Decided On : AUGUST 7, 2008
Motor Vehicles Act - Change of Address - Section 48, Section 49, Rule 59 of Central Motor Vehicle Rules 1989 - The court found that the District Transport Officer abused his authority by not granting the change of address in the certificate of registration, as requested by the petitioner. The court set aside the officer's rejection of the application and issued a mandamus to effect the necessary change. The petitioner was also awarded a cost of Rs. 50,000 and entitled to a tax refund if applied within one month.
Fact of the Case:
The petitioner, a registered owner of commercial vehicles, applied for a change of address in the registration book of the vehicles. The District Transport Officer, Bhagalpur, rejected the application, causing the petitioner immense financial loss and rendering the vehicles stranded without proper registration and road permit.
Finding of the Court:
The court found that the District Transport Officer abused his authority by not issuing a notice to the petitioner prior to rejecting the application and by not communicating the rejection order. The court also noted that the officer disregarded statutory requirements and failed to grant the necessary change of address.
Issues: The issues included the abuse of authority by the District Transport Officer, the failure to follow statutory procedures, and the petitioner's financial loss due to the officer's actions.
Ratio Decidendi: The court held that the District Transport Officer's actions constituted an abuse of authority and violated statutory provisions. The court emphasized the importance of following proper procedures and providing notice to the petitioner before rejecting the application.
Final Decision: The court set aside the officer's rejection of the application and issued a mandamus to effect the necessary change as requested by the petitioner. The petitioner was awarded a cost of Rs. 50,000 and entitled to a tax refund if applied within one month.
1. The petitioner is a registered owner of two commercial vehicles (Public carrier bus) bearing Registration Nos. BR-11A-6572 and BR-11A-9198. As required under the provisions of the Motor Vehicles Act and the Central and Bihar Rules framed thereunder, he had been issued registration certificates in respect of both the vehicles with address of Purnea by the District Transport Officer, Purnea. He shifted the place of business/residence to Bhagalpur, and as such applied to the District Transport Officer, Bhagalpur for change of address in the registration book of the two vehicles. This application was made by the petitioner in early 2002. He tried to persuade the District Transport Officer, Bhagalpur to make necessary changes in the registration book, but, the same was not being done, which was causing immense loss to the petitioner, inasmuch as for all subsequent documentation that is permit etc. and deposit all taxes, this address was important without change in which he would have to deposit taxes and ply within the jurisdiction of Purnea and permits issued on that basis. Having failed to persuade the District Transport Officer, Bhagalpur, for over two years nothing came about it and his vehicles got stranded without proper registration and consequently without proper road permit, he filed this writ petition before this Court in December 2004, for a direction to the District Transport Officer, Bhagalpur, for making necessary changes in his address as incorporated in the certificate of registration.
2. In the writ petition, it has been categorically stated that while seeking change of address he made an application first to District Transport Officer, Purnea, informing him about change and requesting for no-objection certificate in respect of both vehicles, which was duly received at Purnea and then enclosing those documents and other documents Including an affidavit sworn by the petitioner himself about his new address at Bhagalpur arid ration card of his landlord, the premises were now he was residing. All of which where received by District Transport Officer, Bhagalpur. It is stated that even though several months passed by District Transport Officer, Bhagalpur, only asked for some other papers which were duly filed but then did not do anything, further.
3. Two counter affidavits have been filed by District Transport Officer, Purnea (Respondent No. 4), in both he has categorically stated that in respect of Vehicle No. BR-11A-9198, he had duly issued no objection certificate to the District Transport Officer, Bhagalpur, in the year 2002, itself. In the first counter affidavit, it is stated that in respect of Vehicle No. BR-11A-6572 no objection certificate was also sent to the Bihar State Financial Corporation, as the vehicle was under hypothecation, thereof. It is sought to be clarified in the supplementary counter affidavit that no objection certificate in respect of this vehicle could not be issued, because, it was under hypothecation of Bihar State Financial Corporation and this communication was sent late in the year 2004. From the above communications of by District Transport Officer, Purnea, two things are clear, firstly, in respect of Vehicle No. BR-11A-9198 no objection was issued in 2002 to District Transport Officer, Bhagalpur, and in respect of BR-11A-6572 no objection was not rejected until two years later (2004) when information was given that because of hypothecation no objection could not be issued.
4. Counter affidavit has been filed on behalf of District Transport Officer, Bhagalpur, in which, he has stated that the petitioner in which, he has stated that the petitioner having not submitted either his ration card or bank account pass book showing his present residential address of Bhagalpur, he rejected the application of the petitioner on 9-5-2002 (Annexure-A to the counter affidavit). Though, it is to be found that the said letter bears endorsement of having been sent by registered post, the count
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