DEPUTY REGIONAL TRANSPORT OFFICER Vs. YASHWANT NARAYANRAO THAKARE

JUDGEMENT

(1.) HEARD Mr. Loney , the learned A.G.P. for the Appellants and Mr.S.N . Bhattad , learned Counsel for the respondent.

(2.) THE Appellants are the Deputy Regional Transport Officer, Akola and State of Maharashtra , who were the original defendants and have preferred this appeal against the Judgment and Order dated 2nd May, 2001 passed by the District Judge, Akola in Regular Civil Appeal No.431/2000, under which the Lower Appellate Court quashed and set aside the Judgment and Decree dated 14 09 2000 passed in Regular Civil Suit No.824/1997, between the parties and remanded the matter to the Lower Court with a direction to readmit the suit in its original number in the register of Civil Suits and after giving the opportunities to both the sides on the application at Exh.22, under Order 29 Rule 2 A of the Code of Civil Procedure, dispose of the same according to law and also decide the suit according to law.

(3.) IT is further the case of the plaintiff that because of the refusal on the part of the R.T.O. to register his vehicle for want of licence to drive three wheeler, he was required to keep the vehicle in open space, new S.T. Stand Vyala , where a truck gave dash to his stationary vehicle and it got damaged and the plaintiff suffered loss of Rs.15,000/ . The plaintiff was required to pay instalment of Rs.110/ per day and plaintiff could have earned Rs.200/ from the Mini Door Vehicle. According to the plaintiff the vehicle comes under Light Motor Vehicle and therefore the R.T.O. should have registered the vehicle and should have saved the plaintiff from sustaining loss, and it is on the basis of this fact, relief of permanent injunction restraining the defendant from not registering the vehicle and declaration to register the vehicle as transport vehicle was sought. It is submitted that the act of the defendant in not registering the transport vehicle has caused injustice to him. After filing of the suit, the plaintiff also filed an application for temporary injunction which came to be rejected by the Trial Court. The matter was carried in Appeal. The Appellate Court by its order quashed and set aside the order dated 28 11 1997 passed by the Trial Court, and directed the defendant no.1 to issue provisional registration to the plaintiff, on plaintiff obtaining licence of three wheeler and made it clear that the provisional registration is subject to the final decision of the suit. The matter was carried in Revision against the interim order of the District Judge, dated 13 02 1998 . The Civil Revision filed by the defendant came to be dismissed.