THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.16441 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus directing the first respondent to issue a fresh registration certificate in the name of petitioner company in respect of Vehicle No.AP-36-V-7232. It appears, petitioner is a financier and financed to second respondent for purchase of TATA INDICA Vehicle. A loan agreement was also entered into for Rs.2,65,000/- and the second respondent made a down payment of Rs.69,203/-. The monthly instalment was fixed at Rs.9,128/- for 36 instalments and invoice was raised on 21.6.2003 in the name of second respondent. The vehicle was registered on 28.6.2003 with Registration No.AP-36-V-7232 and it was under hypothecation to the petitioner company. While that being so, petitioner company received notice from first respondent-registering authority stating that the hypothecation agreement between the petitioner and second respondent was terminated. According to the petitioner, no notice of any kind has been issued to the petitioner and in fact, petitioner never requested the authorities for such termination/cancellation and the said termination was made on the basis of the fabricated documents produced by second respondent. After long search, petitioner could trace out the vehicle in Khammam and took possession of the same. Further, petitioner also lodged a complaint before I Town Police Station, Khammam on 8.12.2003 against second respondent under Section 420, 468 and 471 IPC, which was registered as Crime No.227/2003. Thereafter, petitioner filed an application before the first respondent on 7.10.2003 for issuance of fresh registration certificate as required under Section 51(5) of the Motor Vehicles Act. Since the same was not considered, petitioner filed Writ Petition No.8210 of 2004 and the said writ petition was disposed of directing the respondents to consider issuance of fresh registration certificate in favour of petitioner company after putting all the interested parties on notice. Thereafter, first respondent passed order dated 24.5.2005. Questioning the same, the present writ petition is filed. According to the learned counsel for petitioner, though respondents 3 and 4 have taken objection for registration, that itself does not mean that the vehicle was hypothecated in their favour. Respondents 3 and 4 did not produce any hypothecation agreement before the first respondent nor is it their claim that the vehicle should be registered in their name. The Only objection was that the vehicle shall not be registered in the name of petitioner company. The learned counsel further contended that registration certificate itself shows that the vehicle was hypothecated to the petitioner company. Having heard both sides and perused the material made available on record, I am of the view that once it is the case of the petitioner that termination of such hypothecation is on the basis of fabricated documents produced by the second respondent, which fact was not disputed by respondents 3 and 4, the question of denying fresh registration does not arise. Further, it is interesting to notice that in spite of service of notice, neither the respondents 3 and 4 are present before the Court nor there was any representation on their behalf when the matter was called. I am of the view that they are not interested in the matter. In view of the above, I am of the opinion that the order passed by the first respondent appears to be cryptic and without any reason. The first respondent passed the order dated 24.5.2005 only in view of the objection raised by respondents 3 and 4. The first respondent has not exercised his power and adjudicated the matter as required under Section 51(5) of the M.V. Act. Therefore, the first respondent is directed to register the vehicle bearing No.AP-36-V-7232 in favour of petitioner as required under Section 51(5) of Motor Vehicles Act after issuing notice to all the concerned. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 22.7.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.16441 of 2005 22.7.2009