SALIM ASGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Aashish Srivastava, learned counsel for the petitioner, Sri N.K. Chaturvedi, learned counsel for respondent No. 4 and learned standing counsel for the State.

(2.) By means of present petition, petitioner challenges the correctness of order dated 17.4.2012 passed by Assistant Regional Transport Officer (Administration) Budaun and order dated 14.9.2012 passed by the appellate authority dismissing the appeal of the petitioner.

(3.) Brief facts as stated in the petition are real elder brother of petitioner, i.e., Aslam Asgar alias Guddu (deceased) was married to respondent No. 4/Smt. Rehana Khanam. It appears that name of the said deceased was recorded as a registered owner of the vehicles. But after the death of the deceased, i.e., Aslam Asgar alias Guddu on 25.2.2011, a dispute arose as regards the inheritance/succession in respect of the estate including the vehicles held by the deceased between the petitioner and widow/respondent No. 4. This compelled the petitioner to file a suit for declaration and injunction, i.e., O.S. No. 328/2011 against respondent No. 4 and another in the court of Civil Judge (Senior Division), Budaun on 28.5.2011. It further appears that by letter dated 2.6.2011, petitioner apprised the A.R.T.O., Budaun that as respondent No. 4 is contemplating to dispose of the vehicles in question and also in view of the fact that the petitioner has filed a suit for declaration and injunction, no sale/transfer of the said vehicles be entertained. It is alleged that in retaliation to the aforesaid request, respondent No. 4 lodged a first information report against the petitioner and his sisters under Sections 147, 323, 379, 406, 504 and 506, I.P.C. on 24.8.2011 in Case Crime No. 3158 of 2011 at police station-Civil Lines, Budaun. It also appears from the record that in view of the dispute with regard to the ownership/possession of the vehicles in question, the said vehicles landed at the police station. Respondent No. 4 filed an application before the Chief Judicial Magistrate, Budaun in the aforesaid criminal case on 8.9.2011 for release of two vehicles, i.e., Vehicles No. U.P.66-C-9785 and H.R.38-H-7485 on the ground that she is the widow of the deceased. It also appears that the petitioner submitted yet another application before the A.R.T.O., Budaun on 19.9.2011 requesting the authority not to pass any order of transfer of vehicle in favour of respondent No. 4 without hearing them and without the decision of the civil court. However, the learned Chief Judicial Magistrate, Budaun on 31.1.2012 disposed of the application for release of vehicles filed by respondent No. 4, on the ground that as the earlier registered owner is dead, the owner of the vehicle may apply for transfer of ownership before the registering authority in accordance with Section 50(2) of the Motor Vehicles Act, 1988, thereafter it would be open for the said owner to apply afresh for release of the said vehicle. Thereafter, respondent No. 4 filed an application in (Form-31) before respondent No. 3/Registering Authority under Rule 56(2) of the Central Motor Vehicles Rules, 1989 for registration of the vehicles in question in her name on 14.2.2012. The registering Authority transferred the said vehicles in favour of respondent No. 4 on 17.4.2012. On a query, made by the petitioner under Right to Information Act, 2005, the petitioner was intimated by letter dated 17.4.2012 that the vehicles have been transferred in compliance to order dated 31.1.2012 passed by the Chief Judicial Magistrate, Budaun in Case Crime No. 3158 of 2011. The petitioner preferred an appeal against the order of transfer of vehicles in favour of respondent No. 4 before the appellate authority on 2.5.2012, which came to be dismissed on 14.9.2012. It is further alleged that a first information report has been lodged by one Dr. Ifat Asgar daughter of Ali Asgar on 11.10.2012 alleging that respondent No. 4 killed her husband Aslam Asgar alias Guddu, the deceased in which a criminal trial is going on.