The petitioner, who is the registered owner of a contract carriage bearing registration No.KL-01/BE-3075 covered by Ext.P1 certificate of registration, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking an order to set aside Ext.P6 order dated 05.12.2017 of the 1st respondent, whereby his application for renewal of Ext.P2 contract carriage permit stands rejected. The vehicle in question is one hypothecated to the 2nd respondent Bank. The reasons stated in Ext.P6 order for rejecting the application for renewal of contract carriage permit is that there is an objection against the renewal of the permit by the 2nd respondent Bank, which is the financier of the said vehicle.

2. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for the 1st respondent and also the learned counsel for the 2nd respondent financier.

3. The sole issue that arises for consideration in this writ petition is as to the legality or otherwise of Ext.P6 order passed by the 1st respondent, whereby Ext.P2 application made by the petitioner for renewal of contract carriage permit stands rejected.

4. Section 51 of the Motor Vehicles Act (hereinafter referred to as 'the Act' for short) deals with special provisions regarding motor vehicle subject to hire purchase agreement. Sub-section (6) of Section 51 provides that the registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of Section 41, or for the assignment of a new registration mark under Section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under Section 48 or for change of residence or place of business under Section 49, or for the alteration of the vehicle under Section 52, make an application to the person with whom the registered owner has entered into the said agreement of hire purchase (such person being referred to as the financier) for the issue of a no objection certificate. Sub-section (7) of Section 51 provides that within seven days of the receipt of an application under sub-section (6), the financier may issue, or refuse, for reason which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for, and where the financier failed to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier.

5. Sub-section (8) of Section 51 provides that the registered owner shall, while applying to the appropriate authority for the renewal of any permit under Section 81, or for the issue of a duplicate certificate of registration, under sub-section (14) of Section 41, or while applying for assignment of a new registration mark under Section 47, submit with such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has been obtained, the communication received from the financier under that sub-section, or, as the case may be, a declaration that he has not received any communication from the financier within the period of seven days specified in that sub-section. As per Clause (a) of sub-section (9) of Section 51, on receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the other provisions of this Act, in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportunity of being heard, either renew or refuse to renew the permit or issue or refus