DEEPAK SINGH JAMWAL Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner through the medium of instant petition filed under Article 226 of the Constitution of India seeks the following reliefs:-

(2.) The facts under the shade and cover of which the instant writ petition has been filed are that the petitioner purchased a Vehicle bearing registration No. DL4CNC3438 from one-Sahil Goel from Delhi, who purchased the same from M/s J S Textile Ltd., New Delhi and petitioner also got No Objection Certificate from the concerned Transport Department, GNCT, Delhi on 18/10/2020 for its re- registration in J&K Jammu. It is stated that the petitioner applied for re-registration of the said vehicle by providing the said NOC and other relevant formalities in the office of respondent No. 3, i.e., ARTO Samba. However, the respondent No. 3 refused to re-register the vehicle on the ground that there is a circular No. TC/JK/MV/2019/144-68 dtd. 3/1/2019 issued by respondent No. 2, banning the re-registration of the BS-III Vehicles in the State/UT.

(3.) Learned counsel for the petitioner submits that the petitioner approached the respondent No. 3 on so many occasions and filed a S.No. 62 1 representation on 11/12/2020, requesting the said respondent to re-register his vehicle, which is also pending disposal, but despite running from pillar to post, the request of the petitioner was not accepted by the said respondent. The petitioner thereafter, waiting for long time, also served a legal notice upon the respondent Nos. 2 and 3, requesting them to register his vehicle, but no reply of the legal notice was given by the said respondents and despite numerous requests made by the petitioner, respondents have not considered the claim of the petitioner for re-registration of vehicle, thereby causing irreparable loss to the petitioner with reference to his claim under Migrant relief schemes of the Government. It is submitted that the petitioner time and again approached the offices of respondent Nos. 2 and 3 for re-registration of his vehicle, which was denied illegally on the basis of circular impugned.