--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION NO. 4739 / 2011 MUKESH S/O KANKAMAL JAIN Vs. STATE OF M.P. * * * * * O R D E R ( 23/8/2011) The petitioner before this Court has filed this present writ petition being aggrieved by the inaction on the part of the respondents in the matter of registration of two vehicles bearing registration Nos. MP19 P 0196 and MP17 P 0197 purchased by the petitioner in a public auction conducted by the Government. The contention of the petitioner is that he is a permanent resident of Dhar and is engaged in the business of motor transport and has purchased the aforesaid vehicles in an auction sale conducted by the court of Shri C V Sirpurkar, Member, Motor Accident Claims Tribunal, Dewas. Petitioner has also enclosed sale certificates dt. 20/5/11 issued by the learned Distt. & Sessions Judge, Dewas (MACT). A letter has also been issued by the MACT informing the Distt. Transport --- 2 --- Officer about the sale. The petitioner's grievance is that he is a permanent resident of District Dhar and therefore he has submitted an application as provided under Form 32 under Rule 57 of the Central Motor Vehicle Rules, 1989 before the Registering Authority, Dhar for registering the vehicle in his name. However, the vehicle in question is not being registered by the Retional Transport Officer, Dhar on the ground that the vehicle in question are registered under the Motor Registering Authority, Dewas and therefore no orders can be passed in respect of transfer of ownership. Petitioner has prayed before this Court for issuance of appropriate writ, order or direction directing the respondents to allow the petitioner's application (Annexures P/3 and P/4) in respect of transfer of ownership of Vehicles No. MP19 P 0196 and MP17 P 0197. A reply has been filed in the matter and the stand of the respondents is that the petitioner is having an alternative remedy of preferring an appeal u/S. 57 (1) of the Motor Vehicle Act, 1988 and therefore the petition deserves to be dismissed on this count alone. The respondents have not --- 3 --- denied the fact regarding sale of vehicles in question and they have admitted that on 6/6/11 an application was submitted by the petitioner for transfer of vehicles in question in his name. It has been further stated that the Motor Accident Claims Tribunal has not mentioned in their order in respect of jurisdiction of Regional Transport Officer who is required to pass necessary orders in respect of transfer of ownership and therefore the petitioner has been advised to submit his application for recording transfer of vehicles before the concerned registering authority, meaning thereby before the authority where the vehicles have been registered. The respondents have placed reliance upon Sec. 50 of the Motor Vehicles Act, 1988 as well as Central Motor Vehicles Rules. Heavy emphasis has been laid upon Rule 57 of the aforesaid Rules. The respondents have placed reliance upon a judgment delivered by this Court in the case of A. S. James Vs. State of MP & Ors., (WP No. 4273 / 2000) and their contention is that the petitioner is also liable to pay taxes due on the vehicle. Heard learned counsel for the parties at length and --- 4 --- perused the record and the matter is being disposed of at the motion hearing stage itself with the consent of the parties. In the present case, the petitioner before this Court is a bonafide purchaser of vehicles bearing Registration No. MP19 P 0196 and MP17 P 0197 purchased in an auction sale conducted by the Court of Shri C V Sirpurkar, Member, MACT, Dewas. The respondent Addl. Regional Transport Officer, Dhar has declined to transfer the ownership of vehicles in question and the petitioner has been directed to approach the transport authority where the vehicles are registered. Section 50 of the Motor Vehicles Act, 1998 reads as under : 50. Transfer of ownership. - (1) Where the ownership of any motor vehicle registered under this Chapter is transferred. – (a) the transferor shall, - (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee ; and --- 5 --- (ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub- clause (i)- (A) the no objection certificate obtained under section 48 ; or (B) in a case where no such certificate has been obtained, - (I) the receipt obtained under sub-section (2) of section 48 ; or (II) the postal acknowledgement received by the transferor if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted ; (b) the transferee shall, within thirty days of the transfer , report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration. (2) Where – (a) the person in whose name a --- 6 --- motor vehicle stands registered dies, or, (b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, Government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government. (3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafter in this section referred to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub- section (5) : --- 7 --- Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount. (4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177. (5) For the purposes of sub- section (3), a State Government may prescribe different amount having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2). (6) On receipt of a report under sub-section (1), or an application under subsection (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration. (7) A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority. The aforesaid provision of law makes it very clear that a person who is a resident of a particular place is free to --- 8 --- submit an application in respect of transfer of ownership before the Regional Transport Officer / Addl. Regional Transport Officer having the jurisdiction where the person is residing and it is the duty of the Regional Transport Officer / Additional Regional Transport Officer in whose jurisdiction the person resides to pass necessary orders in respect of transfer of ownership. No executive instructions, nor any statutory provision of law has been brought to the notice of this court which provides for submitting of an application for transfer of ownership of a vehicle only at a place where the vehicle was registered and therefore in absence of any statutory provision of law the directions issued by the Addl. Regional Transport Officer are contrary to the provisions of the Motor Vehicles Act, 1988 and the impugned letter dt. 6/6/11 is accordingly set aside. The judgment relied upon by the respondent State is also not applicable in the peculiar facts and circumstances of the case as it was a case of sale of vehicle of M/s. Ashok Layland Finance Ltd., and the vehicle in question was not sold by a court in public auction and therefore the judgment relied upon by the State Government --- 9 --- is of no help to the respondents. Resultantly, keeping in view the provisions of Sec. 50 of the Act of 1998, the writ petition is allowed. Respondent No.2 Addl. Regional Transport Officer is directed to pass necessary orders as expeditiously as possible preferably within 30 days from the date of receipt of the certified copy of this order in the matter of registration of vehicles in question. The applications preferred by the petitioner shall not be turned down on the ground that the vehicles in question have been auctioned from Dewas or are registered with other Regional Transport Authority. The petition stands allowed. No order as to costs. (S. C. SHARMA) J U D G E KR