JITENDRA BARAI Vs. CHAIRMAN REGIONAL TRANSPORT AUTHORITY BOLONGIR

JUDGEMENT

(1.) AN ambassador car had been registered as WBJ 486 in the name of Sri S. Gupta, C/o Messrs. Pannalal Ramnarayan, 15 Noormal Lohia Lane, Calcutta. On 8-9-69, on an application made by the petitioner on behalf of Sri S. Gupta the registration number had been changed to ORR 1166. This vehicle was detected on 25-11-1969 as plying for hire and reward without a valid permit. On 6-12-60, the Regional Transport Officer, Bolangir (opposite party No. 2) issued a notice (ANnexure A) to Sri S. Gupta at his Bolangir address which was given as his present address in the registration certificate, calling upon him to make a representation why the registration certificate of the vehicle should not be suspended. This notice was sent by registered post acknowledgement due, but it was returned back with an endorsement that the addressee was not known and that he was not traceable. On 6-1-70, on the joint application of both the petitioner and Sri Gupta the ownership of the car was changed in favour of the petitioner. As the notice had not been served on the petitioner an order was passed on 27-2-70 suspending the registration certificate and the order was communicated to the petitioner on 14-3-70. AN appeal against the order was dismissed on 31-3-70. The writ application was filed on 13-4-70 challenging the validity of that order dated 27-2-70 suspending the registration without giving the petitioner a reasonable opportunity to make any representation by means of a notice.

(2.) IN support of the order, Mr. Mohapatra, learned standing counsel, relies upon Section 33(1)(b) of the Motor Vehicles Act, 1939 (Act IV of 1939) and Section 27 of the General Clauses Act, 1897 (Act 10 of 1897). The relevant Sections of the two acts may be extracted: Motor Vehicles Act : Section 33. "Suspension of Registration : (1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction -. (b) has been or is being used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration), for reasons to be recorded in writing suspend the certificate of registration of the vehicle (ii) in any case falling under clause (b) for a period not exceeding four months. General Clauses Act : Section 27. "Where any Central Act or Regulation made after the commencement of this Act authorises or requires any document to be served by post, whether the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post."