Failed registration due to inactivity of E-Portal is not the fault of the Petitioner: 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 petitioners filed a writ petition in the nature of mandamus in which the petitioners pleaded to get the vehicles purchased by them registered by the respondents. Due to inactivity of the E-Portal the same 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 petitioner submitted in the court to issue an appropriate writ or order in the nature of Mandamus in order to make respondents issue appropriate orders to the respective DTO’s to register the vehicles as mentioned in the chart upon the verification of the authenticity of the transaction in accordance to law. The dealer has sold 10 vehicles to separate individuals. The Learned senior counsel stated that the petitioner should be allowed to approach the authority nominated for the vehicle’s registration. It was contended that if the materials shows the genuineness of the transactions happened then the appropriate authority should take decisions as per law and the vehicles would be registered.
The petitioner further prayed to issue an order to the respondent to give effect to the various orders as passed by the Supreme Court whereby the Hon’ble Court granted the permission for registration of the vehicles purchased on date. The petitioners further added to command the respondents to accept the registration of the vehicles which were sold but the details of the same which could not be uploaded by the petitioner on the E-Portal because the Portal was inactive at that time.
The Hon’ble High Court Of Patna held and directed,”…the petitioner to approach the
authority i.e. District Transport Officer, Khagaria, as per particulars given by the learned counsel.” Further it was added that the said authority should process the application within a period of 4 weeks from the date of filing of the application. Hence, the liberty is reserved to the petitioner to avail appropriate remedies, if the need so arises. The petition stood disposed off on the aforementioned terms.
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Judgment Reviewed By Nimisha Dublish
 The facts of the case were that the petitioner submitted in the court to issue an appropriate writ or order in the nature of Mandamus in order to make respondents issue appropriate orders to the respective DTO’s to register the vehicles as mentioned in the chart upon the verification of the authenticity of the transaction in accordance to law. The dealer has sold 10 vehicles to separate individuals. The Learned senior counsel stated that the petitioner should be allowed to approach the authority nominated for the vehicle’s registration. It was contended that if the materials shows the genuineness of the transactions happened then the appropriate authority should take decisions as per law and the vehicles would be registered. The petitioner further prayed to issue an order to the respondent to give effect to the various orders as passed by the Supreme Court whereby the Hon’ble Court granted the permission for registration of the vehicles purchased on date. The petitioners further added to command the respondents to accept the registration of the vehicles which were sold but the details of the same which could not be uploaded by the petitioner on the E-Portal because the Portal was inactive at that time. The Hon’ble High Court Of Patna held and directed,”…the petitioner to approach the authority i.e. District Transport Officer, Khagaria, as per particulars given by the learned counsel.” Further it was added that the said authority should process the application within a period of 4 weeks from the date of filing of the application. Hence, the liberty is reserved to the petitioner to avail appropriate remedies, if the need so arises. The petition stood disposed off on the aforementioned terms.