INDRAJEET KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is a customer intending to purchase Wagon-RLX Car from Karlo Automobiles (P) Ltd. which is an authorised dealer of Maruti Car.

(2.) Petitioner has filed the instant writ petition challenging order contained in Notification issued vide memo no. 997 dated 8.3.2011 (Annexure-1) by which the Sectary, Department of Transport, Govt, of Bihar (respondent no. 2) authorised the dealers of motor vehicles (non-transport) to appoint inspecting officers to exercise power enumerated in prescribed Form-20 under Central Motor Vehicle Rules, 1989 (hereinafter referred to as 'the Rules' for the sake of brevity) and also for restraining the respondents from exercising power under Section 65(2)(kha) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for the sake of brevity) in respect of empowering any one to inspect non-transport vehicles and for other ancillary reliefs.

(3.) Learned counsel for the petitioner argued that the aforesaid impugned order of respondent no. 2 is unreasonable, bad, illegal, without jurisdiction and in violation of the provisions of the Act and the Rules and in mala fide exercise of power which does not exist in the respondents, rather it is colourable exercise of authority. He claimed that petitioner obtained quotation from Karlo Automobiles (P) Ltd., an authorised Maruti dealer, for the purchase of Wagon-RLX and deposited Rs. 10,744.00 for insurance and Rs. 2,31,455.00 for margin money and registration fee etc. on 16.3.2011 for which Karlo Automobiles (P) Ltd. granted receipts (Annexure-2 series). Thereafter, the petitioner applied for loan from a private financier, namely Shriram Transport Finance Co. Ltd., which agreed to pay Rs. 1,25,000.00 loan for remaining amount of quotation money and informed Karlo Automobiles (P) Ltd. on 17.3.2011 (Annexure-3).