HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9404 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, Ms. Akansha Dubey, learned Additional Chief Standing Counsel, who appears for the State-opposite parties, Shri Prashant Kumar Srivastava, who has put in appearance on behalf of opposite party no.4 by filing his 'vakalatnama', which is taken on record, and perused the record. 2. This writ petition has been filed by petitioner with following main prayer(s): "1. Issue a writ, order or direction in the nature of CERTIORARI, thereby quashing the impugned order dated 19.03.2025 issued by the opposite party no. 2 as contained at Annexure no.1 to the present writ petition. 2. Issue a writ, order or direction in the nature of MANDAMUS, thereby directing the opposite party no. 2 to transfer the vehicle in the name of petitioner or State Bank of India, opposite party no. 3. 3. Issue a writ, order or direction in the nature of MANDAMUS, thereby directing the opposite party no. 3 to return back the EMD amount to the petitioner, deposited at the time of auction, if the ownership of the auctioned vehicle is not being transferred in the name of petitioner or State Bank of India, opposite party no. 3, by opposite party no. 2." 3. It is the case of the petitioner that the Bank had conducted an auction, Versus Counsel for Petitioner(s) : Satyendra Tiwari Counsel for Respondent(s) : C.S.C., Ankit Srivastava Abhishek Yadav .....Petitioner(s) The Prin.Secy. Deptt. Of Transport Lucknow And 3 Others .....Respondent(s) in which the petitioner participated and was declared highest bidder. He bought the vehicle bearing registration No.UP45AT8122 in public auction and sale certificate was issued on 31.12.2024. When the petitioner went to the Assistant Road Transport Officer, Ambedkar Nagar (A.R.T.O.) for transfer of the vehicle in his name, the A.R.T.O. has informed that writ petition is pending and therefore, no registration certificate can be issued in his favour. 4. It is also the case of the petitioner that when the Bank, in whose name the vehicle was registered, had given sale intimation to opposite party no.2 asking for transfer of vehicle, which was hypothetical in the name of Bank, in favour of the petitioner, the A.R.T.O. ought not to have refused for such transfer. Hence this writ petition has been filed with the aforesaid prayers. 5. Learned Standing Counsel has produced before this Court instructions dated 22.09.2025 sent by Shri Satyendra Kumar Yadav, Assistant Road Transport Officer, Ambedkar Nagar, wherein it has been stated that M/s Parmar Travels and Transport Company through its proprietor Shri Rajiv Kumar Singh had informed through registered letter dated 19.03.2025 that although vehicle No.UP45AT8122 has been sold off by the Bank in auction, but the Bank has not deposited any amount from the sale proceedings into the bank account of Rajiv Kumar Singh, registered owner of the vehicle in question. The sale is incomplete and also that an application has been filed before the Debts Recovery Tribunal at Allahabad against recovery proceedings initiated by the Bank, which is pending. The A.R.T. O., Ambedkar Nagar in his instructions has also stated that transfer request was made and Form-36 and Form-37 were submitted, but under Rule 61(2) and 61(3) of the Central Motor Vehicle Rules, 1989, the registered owner has been issued notice and therefore, such information has been denied by the A.R.T.O. It has also been submitted that a writ petition is pending before this Court, which has been filed by opposite party no.4 i.e. M/s Parmar Travels and Transport Company through Partner Rajiv Kumar Singh, bearing Writ-C No.10707 of 2024. The instructions dated 22.09.2025 are taken on record. 6. The writ petition is disposed of with direction to the petitioner to file WRIC No. 9404 of 2025 2 appropriate impleadment application along with stay vacation application, if any required, in Writ-C No.10707 of 2024. September 25, 2025 Anupam S/- WRIC No. 9404 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench