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2009 Supreme(Ori) 158

B.S.CHAUHAN, B.N.MAHAPATRA
Bachan Singh – Appellant
Versus
The Road Transport Officer, Rourkela, Sundargarh – Respondent


Advocates:
For Petitioner:Mr. G.B. Jena & Smt. S. Jena
For Opp.Parties:M/s. S.L. Patnaik, S. Nayak & Md. Anif (O.P. Nos. 2 & 3)
Advocate General & Mr. P.K. Panda, Standing Counsel (Transport) (O.P. No.1)

JUDGMENT

B.N. MAHAPATRA, J. — In this writ petition, the peti¬tioner challenges the action of the R.T.O., Rourkela, Sundargarh-O.P. No.1 (hereinafter referred to as ‘the R.T.O.’), refusing to transfer the ownership of Truck bearing Registration No.OR-14-C-7343 in the name of the petitioner, who purchased it in auction from the Orissa State Financial Corporation (hereinafter referred to as ‘the Corporation’) and to issue road permit for non-payment of arrears of tax outstanding against the said vehicle prior to the date of auction on the ground that such action of the R.T.O. is illegal and arbitrary.

2. The facts and circumstances giving rise to this peti¬tion are that one Rajib Kumar Pratihari availed a loan from the Corporation and purchased a Tata Truck bearing Registration No. OR-14-C-7343. As there was default in repayment of the loan to the Corporation, possession of the vehicle was taken over by the corporation under Section 29 of the State Financial Corporations Act, 1951 (hereinafter referred to as ‘the SFC Act’) on 15.12.2001. After seizure of the vehicle, a notice for sale of the vehicle was published on 12.01.2002 in “The Anupam Bharat”. In the meeting of Disposal-cum-ad































































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