BISHNU MOHAN JENA Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) BOTH the aforesaid writ applications relate to the same question and as such are disposed of by this common judgment.

(2.) THE petitioner in OJC No. 3283 of 1996 (hereinafter called the 'purchaser') purchased a vehicle bearing No. OSO 3411 in an auction held by the Orissa State Financial Corporation (hereinafter called the 'Corporation' on 19 -1 -1996. The vehicle was seized by the Corporation under Section 29 of 'the State Financial Corporation Act from Sunil Kumar Behera (hereinafter referred to as the 'original owner'). The purchaser in his writ application has prayed for a direction to the Regional Transport Authority to effect the transfer of ownership of the vehicle in his name and to issue road permit without insisting upon payment of arrear tax. In the alternative, he has prayed for a direction to the Corporation to deposit the tax demanded by the Regional Transport Officer. He has also prayed for a direction regarding payment of Rs. 45,000/ - towards loss caused due to the negligent action of the Corporation. The connected OJC No. 6052 of 1996 has been filed by the Corporation for a direction to the Regional Transport Officer not to insist upon payment of the arrear tax for the period from 1 -10 -1993 to 31 -3 -1996 as indicated in the letter dated 19 -8 -1996 issued by the Regional Transport Officer, Dhenkanal, as per Annexure -8 equivalent to Annexure -4 in the connected writ application OJC No. 3283/96). The Corporation has further sought for a direction to the Regional Transport Officer to act in accordance with the instruction issued by the Transport Commissioner -cum -Chairman, State Transport Authority as per Annexure -1 (Annexure -3 in OJC No. 3283/96).

(3.) THE purchaser has relied upon the conditions of sale as per the agreement between himself and the Corporation. The Corporation and the purchaser have relied upon the instruction issued by the State Transport Authority on 8 -10 -1991. The conditions of sale have been enumerated in letter dated 6 -2 -1966 issued by the Corporation to the purchaser, which has been annexed as Annexure -1 to OJC No. 3283/96. The conditions relevant for the purpose Of this writ application are extracted hereunder: