JUDGMENT :

SUVIR SEHGAL, J.

1. This petition has been filed inter alia for issuance of a writ in the nature of certiorari for quashing order dated 28.10.2025, Annexure P-9, passed by the Transport Commissioner, Haryana-respondent No.3.

2. Factual position is not in dispute. Petitioner had participated in an e- auction and submitted the highest bid which was accepted vide Annexure P-2, for a vehicle bearing registration No. HR-21-G-0007, which belonged to the office of Superintendent, Lokayukta, Haryana. The auction notice, Annexure P-1, mentioned a condition, which deserves be noticed and is reproduced hereunder:-

“15. Retaining/Not Retaining of Registration No. of Vehicle:- It is the sole prerogative of the indenting department as to whether they will retain the Registration No. of the vehicles mentioned in the list or allow to be transferred in the name of the bidder.

(a) If the indenting department retains the Registration No. of the vehicles mentioned in the list then new number will be provided by the Transport Department at the time of transfer of the Registration Card (RC).

(b) If the indenting department allows for transfer of the Registration No. of the vehicles mentioned in the list to the bidder then bidder has to deposit the requisite Govt. Fees to the Transport Department for obtaining the particular number at the time of transfer of the Registration Card (RC).”

3. Petitioner deposited the requisite charges and possession of the vehicle was given to the petitioner on 10.07.2025. Petitioner submitted an application for transfer on 06.08.2025 which has been rejected vide impugned order, Annexure P-9, by placing reliance upon Rule 33E(1) of the Haryana Motor Vehicle Rules, 1989 (for short “1989 Rules”). It has been stated that registration mark “GV series” or a preferable registration mark as defined under the Rules has to be surrendered to the Transport Department and an alternate registration mark has to be assigned to the sold vehicle.

4. Upon notice, writ petition has been contested by respondents No.1 to 4 by filing separate responses. In their short reply, respondents No.1 to 3 have placed reliance upon notifications dated 25.07.2022 and 14.12.2022, Annexures R-1 and R-2, which lay down conditions regarding retaining of numbers belonging to “GV series.” In the separate response filed by respondent No.4, reference has been made to Condition No.15 of the auction notice. A stand has been taken that it is the sole prerogative of the indenting department as to whether it wants to retain the registration number of the vehicle or to allow it to be transferred in name of the bidder.

5. In view of the above stand, this Court by order dated 10.12.2025, directed that a specific affidavit be filed by the Office of Lokayukta, Haryana- respondent No.5. In compliance thereto, an affidavit of Mr. Kamal Dev, Under Secretary, Lokakyuta, Haryana has been filed. Its relevant extract is as under:-

“2. That the deponent most humbly and respectfully submits that one Fortuner Toyota Vehicle (Car) was purchased by the answering Respondent in the year 2018 after earlier vehicle i.e. Toyota Camery was declared as condemned by the Condemnation Board. Registration No. which was affixed on Toyota Camery i.e. HR-21-G-0007, was retained by the answering Respondent after following due process. The above sald Toyota Fortuner was declared condemned by the Condemnation Board in the year 2023 and thereafter this vehicle was put to e-auction by the Respondent No.4 after advertising in this regard. All terms and conditions relating to e-auction were finalized by the respondent No.4.

3. That bid of the petitioner Firm was accepted by the Respondent No.4 and thereafter petitioner deposited the sale price of Rs. 16,90,000/-with the answering respondent.

4. That the answering respondent wrote letter dated 30.07.2025 (attached herewith as ANNEXURE R-5/A) to Respondent No.3-Transport Commissioner-cum- Registering Authority, Haryana, Chandigarh mentioning that answeri