JAYAPRAKASH Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE grievance of the petitioner who is the registered owner of the vehicle bearing registration No.KL-03/M-1853, an Ambassodor Car, is with respect to the action on the part of the first respondent in returning Ext.P2 application without taking it into its file and considering the same in accordance with law. Ext.P2 is an application submitted for renewal of the permit. THE requisite fee for that purpose has also been remitted by the petitioner. THEre is no dispute with respect to the aforesaid facts. In such circumstances, I am of the considered view that when the first respondent is clothed with the power to consider the request for renewal of a permit, he is bound to accept the application submitted in accordance with law after remitting the requisite fee. In other words, he cannot disuse the power. He is bound to exercise the power. THErefore, there will be a direction to the first respondent to accept Ext.P2 application of the petitioner for renewal of the permit in respect of the vehicle bearing registration No. KL-03/M-1583 and consider it in accordance with law. THE learned counsel for the petitioner submits that the issue which might have prompted the first respondent to refuse to entertain the application is squarely covered in favour of the petitioner as per Ext.P3 judgment. It is submitted that non-production of No Objection Certificate cannot be assigned as a reason for not entertaining the application in the light of Section 51(9) of the Motor Vehicles Act, 1988. It is based on the said contention that reliance was placed on Ext.P3. However, the question whether Ext.P3 is applicable in the facts obtained in this case is also a matter to be considered by the first respondent. THErefore, while considering Ext.P2 application the first respondent shall look into the applicability of Ext.P3 judgment. In the facts and circumstances of this case, a decision in terms of the aforesaid directions shall be taken by the first respondent expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.