Signed by: SASANKA SEKHAR SATAPATHY v. RTO, Balasore & Anr.
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 51(5)
Judgment
Petitioner Mr. Braja Mohan Sarangi, Advocate …. -versus- RTO, Balasore and another Opp. Parties …. Mr. Pravakar Behera, Standing Counsel for Transport CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 09.04.2024
This matter is taken up through hybrid mode.
This writ petition has been filed for a direction to RTO, Balasore to transfer the ownership in favour of the Petitioner in respect of Vehicle bearing registration No.OD-01-R-2909 (Truck).
It is submitted by learned counsel that the Petitioner is an auction purchaser from Hinduja Leyland Fin Ltd. On purchase of the vehicle, an application was made for transfer of ownership, but the RTO, Balasore is not taking any action in that regard. Hence, this writ petition has been filed.
Mr. Behera, learned Standing Counsel for Transport Department submits that no application for transfer of ownership has yet been filed by the Financer –Hinduja Leyland Fin Ltd. (Opposite Party No.2) to initiate action under Section 51(5) of the Motor Vehicles Act, 1988 (for short, ‘the Act’). In the event such an application is filed, the same shall be processed and decision shall be taken by the RTO, Balasore -Opposite Party No.1 in accordance with law. Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: A.R.-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 10-Apr-2024 21:46:56 // 2 //
Taking into consideration the submissions of learned counsel for the parties, this Court, without expressing any opinion on the merit of the case of the Petitioner, disposes of the writ petition with a direction that in the event, an application is filed for transfer of ownership of the vehicle in question by the Financer- Opposite Party No.2, the same shall be processed in terms of Section 51(5) of the Act by the RTO, Balasore and a decision to transfer the ownership of the vehicle in question shall be taken in accordance with law giving opportunity of hearing to the parties including the registered owner. Urgent certified copy of this order be granted on proper application. s.s.satapathy (K.R. Mohapatra) Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.