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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
GANESH RAM MEENA
Rahul Gehlot, S/o. Shiv Ram Gehlot – Appellant
Versus
State Of Rajasthan, Through Its Secretary Department Of Transport – Respondent
| Table of Content |
|---|
| 1. petitioners are legitimate vehicle purchasers. (Para 1 , 2) |
| 2. dispute over vehicle registration and authenticity. (Para 3 , 4 , 5) |
| 3. court's directive for representations and inquiries. (Para 6) |
| 4. final order disposing of the petitions. (Para 7 , 8) |
ORDER :
GANESH RAM MEENA, J.
1. All these petitions involve a common question/dispute and therefore, all are being decided by this common order.
2. All the petitioners are the bonafide purchasers of the vehicles from their original registered owners or subsequent purchasers and now, the registration of vehicles is in their name by the registering authority.
3. The respondent-transport department has issued separate notices to the petitioners that the vehicles in question now registered in the name of the petitioners alleged to have been not manufactured by the registered manufacturing company and the engine no. and chasis no. of their vehicle are not be genuine one. In the notice, the respondents have also stated that the petitioners have to give explanation and if the explanation is not found to be satisfactory, the respondent-registration of the vehicle can be cancelled invoking the powers given under Section 55 (5) of
The court reinforced procedural fairness and the necessity for inquiry before taking action on vehicle registration legitimacy concerning bona fide purchasers.
Only the original registering authority can cancel vehicle registration under the Motor Vehicles Act, but other authorities may issue show cause notices and conduct inquiries without overstepping the....
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