JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has sought issuance of directions to the respondents to issue him the Registration Certificate bearing No. PB-02-AS-0001 in respect of the vehicle purchased by him.

(2.) ACCORDING to the petitioner, he purchased the car in the year 2005 and applied for the allotment of a paid registration bearing aforementioned number of his choice. His request was entertained and he was asked to deposit a sum of Rs. 50,000/- as required by Rule 42-A of Punjab Motors vehicles Rules, 1989 (for short 'the Rules') and another sum of Rs. 10,350/- towards the other requirements. The total amount of Rs. 60,350/- was deposited by him on 1112006 (sic) vide challan Annexure P. 1. In spite of the same, respondent-department did not issue Registration Certificate to him for the above mentioned choice registration number. He even filed a writ in this Court, which was disposed of on 28-7-2006 and the respondents were directed to take final decision in respect of the grant of the Registration Certificate. Finally on 22-9-2006, the respondent-authorities informed the petitioner through his counsel that he was not eligible to apply for the allotment of required registration number, as he was not the owner of the vehicle said to be purchased by him.

(3.) IN their joint written reply, respondents have submitted that though the petitioner had applied for allotment of paid registration number yet he deposited an amount of Rs. 60,350/- of his own after getting the challan papers stamped from the office of the registering authority, as no specific directions/written orders was given to him in that regard. At no point of time any approval was given by the respondents for the allotment of the choice registration number. It is also submitted that the vehicle in question was originally registered in the name of one Naresh Prasad with the Registering Authority, P. V. D. , Calcutta, which authority issued 'no Objection Certificate' to Regional Transport Officer, Mumbai (for short R. T. O. Mumbai') in form No. 28 for transferring the said vehicle to one Rajdeep singh Marwaha. It was subsequently re-directed to the Registering Authority (Motors), amritsar by R. T. O. , Mumbai (Central ). In the said No Objection Certificate, the name of the petitioner was not mentioned. It was also submitted that though the petitioner had attached the required documents, i. e. Form nos. 30, 29, 28, 60 and 26 (required for the allotment of new registration number) with his application, yet all the relevant columns of the said forms/documents were incomplete and totally blank. Moreover, the signatures appearing in those forms/documents did not appear to be that of Naresh prasad, the original owner of the vehicle in question. As the proper procedure as required under Central Motors Vehicle Rules, 1989 relating to the transfer of ownership of the motor vehicle had not been complied with by the petitioner, therefore, mere deposit of the registration fee did not create any right in him to seek the allotment of choice registration number.