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2025 DAILYLAW 34413 (ALL)

DEEPANSHU SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/3979/2025 · 2025-04-21

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60447-DB Court No. - 29 Case :- WRIT - A No. - 3979 of 2025 Petitioner :- Deepanshu Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arvind Kumar Rai,Satya Prakash Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This writ petition has been filed with the prayer to direct the Regional Transport Officer, Bareilly to issue registration certificate alongwith transfer certificate in favour of the petitioner. 2. The petitioner alleges that the vehicle in question was financed by M/s Tata Motors and it was repossessed by the financier. Petitioner claims to have purchased the vehicle from Tata Motors. An application thereafter has been filed for registration by the petitioner. Grievance in the writ petition is that such application is kept pending for unduly long. 3. Learned Standing Counsel has obtained instruction from the Regional Transport Officer, Bareilly, according to which, the application for change of name can be considered only if the financier makes an application under Form 36 pursuant to Central Motor Vehicle Rules, 1989. It is stated that no such form has been submitted and, therefore, the vehicle continues to remain recorded in the name of the original owner who had purchased it after availing finance. 4. There is nothing on record to show that Form 36 has been submitted by M/s Tata Motors. Since the instructions of the respondent clearly indicate that the procedure required under the Rules of 1989 has not been followed, as such, no direction can be issued to consider the petitioner's prayer for recording his name over the vehicle in question. 5. The writ petition, accordingly, fails and is dismissed. 6. Dismissal of this writ petition, however, will not preclude the petitioner from approaching the M/s Tata Motors and if necessary formalities as per the Rules of 1989 are undertaken the authorities shall examine the matter, in accordance with law. Order Date :- 22.4.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad