JUDGMENT :

The petitioner has approached this Court with the following prayers :

“1. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to remove the details of vehicles bearing Registration Nos. KL-07.BT 6406 and KL – 7 BT 4867 from the blacklist published in Parivahan portal

2. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the third respondent to provide all statutory services to the petitioner and to renew the fitness certificate and goods carriage permit in respect of vehicles bearing Registration Nos. KL-07.BT 6406 and KL-7 BT 4867

3. To issue a Writ of Mandamus commanding the second respondent to consider and pass orders on Ext P10, with in a time frame.”

2. For the aforementioned vehicles, finance were obtained by the petitioner from respondent No.3. The fitness certificate of both the vehicles though is valid upto 24.10.2022, but the taxes were due from 31.03.2022. Petitioner wanted to pay the taxes but the respondents were not accepting the taxes on account of the fact that the financier had sent intimation to the registering authority of having not cleared the dues. It is on that account the vehicles were blacklisted.

3. Learned counsel for the petitioner submits that provisions of Section 51 of the Motor Vehicles Act, 1988 provide a provision for submitting an application to the financier for issuance of no objection and in case of non-receipt of any communication within a period of 7 days, it is deemed to have been given. Even otherwise, if the petitioner does not apply for an NOC registering authority is not impeded to renew the permit and accept the taxes. This is what has been stated in the counter affidavit of the state.

4. On the other hand, learned counsel for the financier submits that the petitioner has not cleared the entire dues of the vehicles, certain amount is still due. Petitioner had never applied for NOC and therefore the question of issuance of NOC does not arise.

5. I have heard the learned counsel for the parties and appraised the paper book. Section 51(6), (7), (8), (9) and (10) of the Motor Vehicles Act reads as under :

“Section 51(6):-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 (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate).

Explanation.—For the purposes of this sub-section and sub-sections (8) and (9), “appropriate authority” in relation to any permit means the authority which is authorised by this Act to renew such permit and, in relation to registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new registration mark.

(7) Within seven days of the receipt of an application under sub-section (6) the financier may issue, or refuse, for reasons which shall be recorded in writing communicated to the applicant, to issue, the certificate applied for, and where the financier fails 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.

(8) The registered owner shall, while applying to the appropriate au