AMARDEEP CHAUDHARY Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) A Mercedes Benz E-280 car, bearing Registration No.HR-26-AG-0001, Engine No.195923 and Chassis No.894498, registered in the name of the Secretary to Governor of Haryana, after having been condemned, sold in auction by Director, Supplies and Disposal, Haryana on 21.2.2014 on "as it where is basis" and "as it what it is basis", to the petitioner at a price of Rs. 10,26,000/-. The whole amount of bid was deposited on 21.2.2014 against a receipt besides Rs. 1,34,720/- towards road tax though under protest. The petitioner was allowed to take away the car bearing Registration No.HR-26-AG-0001 out of the gate of Haryana Raj Bhavan on the basis of a gate pass issued by the ADC to the Governor, Haryana.

(2.) The petitioner submitted Forms No.29 and 30 for transfer of the vehicle in his name but the Registration No.HR-26-AG-0001 was not transferred in his name on the pretext that it was earmarked for His Excellency, the Governor of Haryana. Similar orders were passed on 25.8.2015 (Annexure P-18) and 3.9.2015 (Annexure P-19), hence, the present petition has been filed by the petitioner to assail the validity of the orders dated 26.2.2014 (Annexure P-9), 25.8.2015 (Annexure P-18) and 3.9.2015 (Annexure P-19) by which transfer of registration number of the vehicle purchased by the petitioner in terms of the auction notice was refused and has also prayed for a direction to respondent No.2 and 3 to transfer the said registration number in his favour.

(3.) After notice, replies have been filed by respondents No.1 to 3 and 4 separately, however, the sum and substance of both the replies is the same because it is averred that as per proviso to Sub Rule 3 of Rule 33-A of the Haryana Motor Vehicles (Second Amendment) Rules, 2003 [for short '2003 Rules'], the preferential number, on the transferred vehicle, stands automatically withdrawn at the time of its sale and in lieu thereof, another registration number, as decided by the Transport Commissioner, Haryana is allotted to the transferee and registration certificate is issued. The number so withdrawn is utilized for allotment to future applicant in accordance with the procedure specified from time to time for allotment of preferential numbers. It is also averred that vehicle was sold on "as it where is basis" and "as it what it is basis" which does not mean that the vehicle has been sold with registration number but it would mean that the purchaser can check and verify the condition of the vehicle and cannot make a complaint thereafter.