PINKI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. Petitioner clains herself to be the registered owner of the vehicle, bearing Registration No. BR 33A - 8201, which was initially the subject matter of a hire purchase agreement dated 1.9.2001 executed by and between M/s Shrachi Securities Ltd.

(2.) through its Managing Director, Respondent No.8 and Smt. Ranjana Poddar, Respondent No.10.

(3.) IT is submitted on her behalf that she purchased the vehicle from Respondent no. 10 under sale letter dated 11.9.2006, Annexure -1 for Rs. 1,01,000/ - as prior thereto hire purchase agreement stood terminated as would appear from the no objection certificate dated 24.9.2004, Annexure -2 to this application issued by the financier in favour of the hirer/ first registered owner of the vehicle in question on the basis of which and the sale letter, the transport authorities even transferred and registered the vehicle in the name of the petitioner as would be evident from the endorsement made in the owner book of the vehicle, which is contained in Annexure -3 to this application the relevant entry is dated 18.10.2006 at page 19 of the brief. It is also submitted that on the basis of the aforesaid transfer/ registration, the vehicle in question came in possession of the petitioner and while she was in possession of the vehicle in question, the vehicle was forcibly seized by the agents of Respondent nos. 7 to 9 in a manner, which is not authorized by law. In the background of the aforesaid facts, it is further submitted that the seizure being illegal and not authorized by law, is fit to be quashed with direction to Respondent nos. 7 to 9 ito forthwith release the vehicle in favour of petitioner.