CHHOTE MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) The petitioner is limiting his prayer for quashing of the order dated 8.4.2009 of the District Transport Officer, Darbhanga, by which registration of his vehicle bearing BR -7P/1892 has been cancelled under Sections 55(1) and (3) of the Motor Vehicles Act, 1989 (hereinafter referred to as 'the Act ').

(3.) THE fact of the case, in short, is as follows: - The petitioner is owner of 'Tata Magic Taxi ' bearing Registration No. BR -7P - 1892. The District Election Officer -cum -District Magistrate issued notice dated 29.3.2009, contained in Annexure -A of the counter affidavit, requisitioning the aforesaid vehicle for Parlimentary Election 2009. The notice could not be served on the petitioner as his father informed the process servant that former is in Delhi. Again another requisition notice was sent in name of vehicle owner vide Letter No. 384 dated 7.4.2009. The petitioner refused to receive the notice. The peon carrying notice informed that the petitioner refused to receive the notice. He also reported that inmates of the house informed that vehicle is not in order.