Failure of registration because of dormancy of E-Portal isn’t the fault of the Petitioner in the matter of delayed transaction: High Court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.51621 Khagaria Auto Agency having its office at M.G. Road Khagaria 851204 Bihar through its authorised representative Shri Vinay Kumar aged about 50 S o Bhola Prasad Yadav R o Vill and P.O. Raghunathpur Ward No. 12 P.S. Sahebpurkamal District Begusarai 851217 Bihar ... Petitioner s The State of Bihar through the Principal Secretary Transport Department Govt. of Bihar Patna The Principal Secretary Transport Department Govt. of Bihar Patna The State Transport Commissioner Transport Department Govt. of Bihar The District Transport Officer Khagaria Bihar For the Petitioner s ... Respondent s Mr. Y.V.Giri Sr. Advocate Mr.Nikhil Kumar Agrawal Advocate Mr. Vaibhav Niti Advocate Ms. Aditi Hansaria Advocate For the Respondent s Mr. Anil Kr. Singh GP 26 Mr. Sarvesh Kumar GP 24 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR Per: HONOURABLE THE CHIEF JUSTICE Date : 07 10 2021 Petitioner has prayed for the following relief(s): “(i) To issued an appropriate writ order direction in the nature of Mandamus directing the Respondents to issue appropriate orders to the respective DTO’s to register the vehicles enumerated in the chart annexed as Annexure 12 upon verification of the authenticity of the Patna High Court CWJC No.51621 dt.07 10 2021 sale purchase transaction in accordance with law ii) To issue an appropriate writ order direction in the nature of Mandamus commanding the Respondents to give effect to the various orders passed by the Hon’ble Supreme Court whereby and whereby the Hon’ble Court has granted permission for registration of BS IV vehicles purchased on or before 31.03.2020 iii) To issue an appropriate writ order direction in the nature of Mandamus commanding the respondents to accept registration of even those vehicles which were sold on or before 31.03.2020 but details of which could not be uploaded by the petitioner on the portal as the e Vahan portal was inoperative inactive on 29.03.2020 30.03.2020 Here we are dealing with a case where the dealer has sold 10 vehicles to separate individuals particulars whereof are mentioned in Annexure 12 page 129 of the writ petition. After the matter was heard for some time Sri Y.V.Giri learned senior counsel states that petitioner be allowed to approach the appropriate authority nominated for registration of Shri Anil Kumar Singh learned G.P. 26 states that if the petitioner places all materials showing the genuineness of transactions the appropriate authority shall take a decision expeditiously in accordance with law and if the sales are held to be genuine the vehicles would be registered. Patna High Court CWJC No.51621 dt.07 10 2021 Statement accepted and taken on record. As such we direct the petitioner to approach the authority i.e. District Transport Officer Khagaria as per particulars given by the learned counsel. We expect the said authority to decide the application expeditiously preferably within a period of four weeks from the date of filing of the application along with a copy of this order in accordance with law. remedies if need so arises. Liberty reserved to the petitioner to avail appropriate Petition stands disposed of with the liberty aforesaid Interlocutory application if any stands disposed of. Sanjay Karol CJ) ( S. Kumar J

Summary: The applicants recorded a writ request in the idea of mandamus in which the solicitors argued to get the vehicles bought by them enlisted by the respondents. Because of the inertia of the E-Portal, the equivalent was not done. The Hon’ble High Court accepted the petition and gave decision in favour of the petitioner under the light of all facts and circumstances. The Hon’ble High Court of Patna before Justice Mr.  S. Kumar in the matter of Khagaria Auto Agency and others v. The State of Bihar[Civil Writ Jurisdiction Case No.5165 of 2021].  The facts of the case were that the applicant submitted in the court to give a proper writ or request in the idea of Mandamus to make respondents issue suitable orders to the individual DTO’s to enrol the vehicles as referenced in the outline upon the confirmation of the genuineness of the exchange in understanding to law. The seller has offered 10 vehicles to isolate people. The Learned senior advice expressed that the solicitor ought to be permitted to move toward the authority designated for the vehicle’s enlistment. It was fought that in case the materials show the validity of the exchanges happened then the proper authority should accept choices according to law and the vehicles would be enlisted. The applicant further appealed to give a request to the respondent to give impact to the different orders as passed by the Supreme Court by which the Hon’ble Court allowed the authorization for enrolment of the vehicles bought on a date. The applicants further added to order the respondents to acknowledge the enrolment of the vehicles which were sold however the subtleties of a similar which couldn’t be transferred by the solicitor on the E-Portal on the grounds that the Portal was idle around then. The Hon’ble High Court Of Patna held and directed,”…the candidate to approach the authority, for example, Locale Transport Officer, Khagaria, according to specifics given by the learned direction.” Further, it was added that the said authority should handle the application within a time of about a month from the date of recording of the application. Henceforth, the freedom is held to the candidate to benefit fitting cures, assuming that the need so emerges. The appeal stood arranged off on the previously mentioned conditions.