LAWS(ORI)-2002-2-34

RABINDRA KUMAR JENA Vs. MANAGING DIRECTOR OSFC

Decided On February 19, 2002
Rabindra Kumar Jena Appellant
V/S
Managing Director Osfc Respondents

JUDGEMENT

(1.) HEARD learned counsel for the writ petitioner, learned counsel for the Transport Department and learned counsel for the Orissa State Financial Corporation.

(2.) THE prayer in this writ petition is for issue of a writ of mandamus directing the transfer of ownership of the motor vehicle bearing registration No. OR -04 -4757 and for other incidental reliefs. The vehicle belonged to opposite party No. 4. It was hypothecated to the Orissa State Financial Corporation. In enforcement of its rights, the Orissa State Financial Corporation (hereinafter referred to as the 'Corporation') brought the vehicle to sale. The offer made by the petitioner herein was accepted. The petitioner there upon sought the transfer of ownership in the certificate of registration and also sought the issue of a duplicate Registration certificate. The authority took the stand that the motor vehicle tax under the Orissa Motor Vehicles Taxation Act was in arrears and unless and until that amount was cleared, the transfer could not be recognised. It was further stated that the duplicate certificate of registration could not be issued without the condition for it being fulfilled. It is at that stage that the petitioner approached this Court with the present writ petition.

(3.) LEARNED counsel for the Transport Department submitted that the Circular referred to by the learned counsel for petitioner is no more in force, and as per the present circular the amount of arrears of tax could be realised from the transferee of the vehicle. The learned counsel for the Corporation submitted that the vehicle was purchased by the petitioner on the terms set out in the agreement or communication dated 12/14.1.1998, and that one of the conditions of sale was that the purchaser -petitioner will be liable for any arrears of tax. Our attention was invited to Clause (10) of that communication which is to the following effect: