SHRI RATAN Vs. STATE TRANSPORT AUTHORITY JAIPUR

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution by one Shri Ratan against an order of the Regional Transport Authority dated 6-12-1956.

(2.) THE facts which have given rise to this application are these. Shri Ratan petitioner was the owner of motor bus No. RJF 323 which was registered in his name on 14-5-1955. He transferred this bus in favour of Loon Siugh non-petitioner by means of a written document, On 1-5-1956 Loon Singh filed an application to the Registering Authority, Rikaner, under Section 31 of the Motor Vehicles Act (hereinafter called the Act) for recording the transfer of ownership. This application was made more thaw 30 days after the transfer. THE petitioner appeared before the Registering Authority and objected to the recording of the transfer on two grounds. His first ground was that the transfer was void as it was obtained by fraudulent misrepresentation. THE Registering Authority overruled this objection holding that ft had no power to investigate into dispute of this nature and that if the transferee reports the transfer within 30 days the Registering Authority has no alternative but to record the transfer on the registration certificate. THE second objection pf the petitioner was that the application was made beyond 30 days. This objection, was upheld by the Registering Authority. It was of the opinion that Section 31 prescribed a period of limitation for making an application and he had no power to condone the delay in making it as Section 5 of the Limitation Act had not been made applicable to the Act. In the result he dismissed the application of Loon Singh non-petitioner.