NABBU KHAN Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 9.9.2002 passed by the District Transport Officer, Registration, Jodhpur ('DTORs. ) and judgment dated 26.11.2002 passed by the Regional Transport Authority, Jodhpur ('RTA').

(2.) The facts in brief may be noticed thus : the petitioner purchased a tractor on 21.2.2000 from one Iliyas Khan said to be sub-dealer. The vehicle was registered under Section 37 of the Motor Vehicles Act, 1988 ('the Act') on 29.9.2001; it appears that a FIR came to be lodged by one Joga Ram claiming himself to be the dealer of the tractor and alleging therein that he had an arrangement with Iliyas Khan as sub-dealer, who has sold the tractors and has not paid the consideration. Alongwith filing of the said FIR, it appears that the proceedings were also initiated before the Registering Authority. The DTO by notice dated 6.8.2002 called upon the petitioner to show cause that a complaint has been received by him that Form No.22 produced for registration was not issued by the manufacturer and in case, reply was not filed, action under Section 55(5) of the Act would be taken.

(3.) The petitioner appeared before the authority and submitted that the matter pertains to dispute between Iliyas Khan & Joga Ram and petitioner being bonafide purchaser having purchased the tractor after obtaining loan from Bhumi Vikas Bank, Branch Phalodi cannot be made to suffer on account of the said aspect. It was further submitted that the petitioner has not indicated any wrong material particulars and therefore, power under Section 55(5) of the Act cannot be exercised.