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2025 DAILYLAW 138408 (ALL)

ABDUL WAHAD v. STATE OF U.P. THRU. REGIONAL TRANSPORT OFFICER (RTO) DISTT. AYODHYA AND 3 OTHERS

WRIC/4495/2024 · 2025-04-07

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19246-DB Court No. - 2 Case :- WRIT - C No. - 4495 of 2024 Petitioner :- Abdul Wahad Respondent :- State Of U.P. Thru. Regional Transport Officer (Rto) Distt. Ayodhya And 3 Others Counsel for Petitioner :- Anoop Kumar,Mohd. Khurshid Akhtar Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The vehicle in question was in the name of Ram Kishan Yadav-opposite party no.3. It was financed by opposite party no.2. Opposite party no.2 took possession of the vehicle under the hypothecation agreement from opposite party no.3 and put it in auction. In the auction sale, the said vehicle was purchased as alleged by opposite party no.4 from whom the petitioner is said to have purchased it. However, as the vehicle is not registered in the name of financier -opposite party no.2, therefore, based on subsequent transactions, the petitioner is not able to get it registered in his name. The financier is said to have submitted Form-36 but as per learned Standing Counsel, it was required to deposit certain charges which it has not done. As and when it is done, the vehicle would be registered in the name of financier- opposite party no.2-Induslnd Bank Limited. 3. Petitioner may pursue the matter with opposite party no.2 which may complete the formalities as required by Regional Transport Officer whereupon needful shall be done by R.T.O., Ayodhya. Thereafter, the petitioner may assert the rights, if any, in respect of the vehicle. 4. Accordingly, the petition is disposed of. 5. It is made clear that we have not adjudicated rights of any of the parties involved in respect of the vehicle but have only taken note of the aforesaid as asserted by the petitioner and as informed by learned Standing Counsel with liberty to the petitioner to pursue the matter with opposite party no.2. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 7.4.2025/Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench