SHASHI RANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a registered owner of two commercial vehicles (Public carrier bus) bearing Registration Nos. BR-11a-6572 and BR-11a-9198. As required under the provisions of the Motor Vehicles act and the Central and Bihar Rules framed thereunder, he had been issued registration certificates in respect of both the vehicles with address of Purnea by the District Transport Officer, Purnea. He shifted the place of business/residence to Bhagalpur, and as such applied to the District Transport Officer, Bhagalpur for change of address in the registration book of the two vehicles. This application was made by the petitioner in early 2002. He tried to persuade the District Transport Officer, Bhagalpur to make necessary changes in the registration book, but, the same was not being done, which was causing immense loss to the petitioner, inasmuch as for all subsequent documentation that is permit etc. and deposit all taxes, this address was important without change in which he would have to deposit taxes and ply within the jurisdiction of purnea and permits issued on that basis. Having failed to persuade the District transport Officer, Bhagalpur, for over two years nothing came about it and his vehicles got stranded without proper registration and consequently without proper road permit, he filed this writ petition before this Court in December 2004, for a direction to the District Transport Officer, bhagalpur, for making necessary changes in his address as incorporated in the certificate of registration.

(2.) IN the writ petition, it has been categorically stated that while seeking change of address he made an application first to district Transport Officer, Purnea, informing him about change and requesting for no-objection certificate in respect of both vehicles, which was duly received at Purnea and then enclosing those documents and other documents including an affidavit sworn by the petitioner himself about his new address at Bhagalpur arid ration card of his landlord, the premises were now he was residing. All of which where received by district Transport Officer, Bhagalpur. It is stated that even though several months passed by District Transport Officer, bhagalpur, only asked for some other papers which were duly filed but then did not do anything, further.

(3.) TWO counter affidavits have been filed by District Transport Officer, Purnea (Respondent No. 4), in both he has categorically stated that in respect of Vehicle No. BR-11a-9198, he had duly issued no objection certificate to the District Transport Officer, Bhagalpur, in the year 2002, itself. In the first counter affidavit, it is stated that in respect of Vehicle No. BR-11a-6572 no objection certificate was also sent to the Bihar state Financial Corporation, as the vehicle was under hypothecation, thereof. It is sought to be clarified in the supplementary counter affidavit that no objection certificate in respect of this vehicle could not be issued, because, it was under hypothecation of Bihar State Financial Corporation and this communication was sent late in the year 2004. From the above communications of by District Transport Officer, Purnea, two things are clear, firstly, in respect of Vehicle no. BR-11a-9198 no objection was issued in 2002 to District Transport Officer, bhagalpur, and in respect of BR-11a-6572 no objection was not rejected until two years later (2004) when information was given that because of hypothecation no objection could not be issued.