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1996 Supreme(Ori) 256

P.K.MISRA, D.M.PATNAIK
BISHNU MOHAN JENA – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY – Respondent


Advocates Appeared:
K.N. Jena. D.K. Mohapatra, A. Jena and R. Rath in OJC No. 3283/96 and Sankarsan Rath, in OJC No. 6052/96, for the Appellant; Standing Counsel and Sankarsan Rath in OJC No. 3283/96 and Standing Counsel in OJC No. 6052/96, for the Respondent

JUDGMENT :

P.K. Misra, J. - Both the aforesaid writ applications relate to the same question and as such are disposed of by this common judgment.

2. The petitioner in OJC No. 3283 of 1996 (hereinafter called the "purchaser") purchased a vehicle bearing No. OSO 3411 in an auction held by the Orissa State Financial Corporation (hereinafter called the "Corporation" on 19-1-1996. The vehicle was seized by the Corporation u/s 29 of "the State Financial Corporation Act from Sunil Kumar Behera (hereinafter referred to as the "original owner"). The purchaser in his writ application has prayed for a direction to the Regional Transport Authority to effect the transfer of ownership of the vehicle in his name and to issue road permit without insisting upon payment of arrear tax. In the alternative, he has prayed for a direction to the Corporation to deposit the tax demanded by the Regional Transport Officer. He has also prayed for a direction regarding payment of Rs. 45,000/- towards loss caused due to the negligent action of the Corporation. The connected OJC No. 6052 of 1996 has been filed by the Corporation for a direction to the Regional Transport Officer not to insist upon payment of the ar




























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