Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8362
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4791 of 2024
1. Khushbu Mishra Wd/o. Late Naveen Kumar Mishra Aged About 37 Years R/o. Akash Bhawan, Sarpanch Para, Bhanpuri, Raipur, Distt. Raipur (C.G.)
... Petitioner versus
1. State Of Chhattisgarh Through Secretary, Department Of Transport, Mantralaya, Mahanadi Bhawan, New Raipur (C.G.)
2. Registering Authority Cum Regional Transport Officer, Chhattisgarh Indrawati Bhawan, New Raipur, Distt. Raipur (C.G.)
... Respondents (Cause title is taken from the Case Information System) For Petitioners : Shri B.L. Dembra, Advocate For Respondent/State : Shri Ritesh Giri, Panel Lawyer
Order on Board By Bibhu Datta Guru, J. 18/2/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent No.2 - Registering Authority-Cum-Regional Transport Officer for issuance of Permanent Registration Certificate in her favour, in respect of the vehicle purchased by her husband.
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2. (a)
Learned counsel appearing for the petitioner would submit that the husband of the petitioner namely; Naveen Kumar Mishra (since deceased) purchased the vehicle i.e. Goods Carrier of Ashok Leyland1, in his name, on 2-12-2022 and for which the temporary registration certificate was issued by the respondent authorities on 7-12-2022, however, in the meanwhile, the husband of the petitioner died on 6-12-
2022. Thereafter, the petitioner is running from pillar to post to get the Permanent Registration Certificate in her favour, but till date the same has not been issued, despite the fact that she is legal heir of the owner of the vehicle in question. (b) By referring para 6 of the return filed by the State, learned counsel appearing for the petitioner would submit that the petitioner being the legal heir of the deceased (owner of the vehicle) she ought to have moved an application for issuance of Permanent Registration Certificate and had to pay the requisite fees from the due date. Thus, he would submit that the present petition may be disposed of granting liberty to the petitioner to submit the requisite application form and fee before the respondent No.2 and the said authority may be directed to consider the said application, in accordance with law within a stipulated period.
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Learned counsel appearing for the State has no objection to the aforesaid contention of the petitioner.
4. I have heard learned counsel for the parties and perused the pleadings and documents filed by both the parties. 1 for brevity ‘the vehicle in question’
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5. It is an admitted fact that the petitioner is the legal heir (wife) of the deceased Naveen Kumar Mishra, who has purchased the vehicle in question in his name on 2-12-2022 and thereafter, he died on 6-12-2022.
6. In view of the aforesaid facts and circumstances of the case, the writ petition is disposed of with a direction to the petitioner to approach the respondent No.2 by filing an appropriate application along with requisite fee for issuance of Permanent Registration Certificate of the vehicle in question within a period of 20 days from today and thereafter, the respondent No.2 is directed to consider the said application of the petitioner, in accordance with law, and issue the Permanent Registration Certificate, in respect of the vehicle in question, in favour of the petitioner, as early as possible preferably within a period of 30 days.
7. Accordingly, the present writ petition stands disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri
K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.02.18 15:44:01 +0530