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105 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-7250-CWP-2025 & CM-7251-CWP-2025 in/and CWP-24063-2024 Date of Decision : 13.05.2025 SUNIL CHHABRA .....Applicant/Petitioner VERSUS STATE OF HARYANA AND OTHERS .....Respondents
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Divyam Singh, Advocate, for the applicant/petitioner. Mr. Bhupender Singh, DAG, Haryana.
KULDEEP TIWARI,
J.(Oral)
CM-7251-CWP-2025
1. Application is allowed as prayed for, subject to all just exceptions, and copy of the letter dated 13.01.2025, is taken on record as Annexure A-1, and exemption is also granted from the filing the certified copy thereof. CM-7250-CWP-2025
2. Through the instant application, the petitioner seeks disposal of the instant petition, in view of the facts narrated therein.
3. For the good and valid reasons assigned in the application and in view of Annexure A-1, this Court is of a considered opinion that the instant petition can be disposed of, therefore, the same is allowed, and the main case is taken on board today itself.
DHARAM VIR 2025.05.14 11:15 I attest to the accuracy and integrity of this document DHARAM VIR 2025.05.14 16:37 I attest to the accuracy and integrity of this document
CWP-24063-2024 -2- CWP-24063-2024
4. Through the instant writ petition filed under Article 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon the respondents to remove the star mark mentioned along the chassis number of the vehicle on the registration certificate (Annexure P- 2), (having registration no.HR-06-AA-0111), in view of letter dated 09.11.2022 (Annexure P-4). The petitioner also seeks a direction upon the respondents to decide his application (s) dated 14.08.2024/27.08.2024 (Annexure P-5), within a time bound manner.
5. Succinctly, the petitioner claims himself to be the purchaser of vehicle bearing no.HP-22E-0007, from the first owner, i.e. First Newsmedia Pvt. Ltd. in the year 2012, having chassis no. MBJ11JV40073213880312. The said vehicle was duly transferred in the name of the present petitioner, and he was recorded as a registered owner thereof. Thereupon, a new registration number was assigned to the said vehicle i.e. HR-06-AA-0111. In the year 2022, the petitioner intended to sell the said vehicle, however, he finds that there is a star mark along the chassis number printed on the registration certificate (Annexure P-2), which is prohibiting him to sell the said vehicle. The petitioner moved application to the authority concerned, but till date no final decision has been taken thereon.
6.
Learned counsel for the petitioner submits that now in view of letter (Annexure A-1), wherethrough, the Registering Authority (Motor Vehicle)-cum-Sub Divisional Magistrate, Panipat, has made a request to remove the said star mark, to the Transport Commissioner, Haryana, DHARAM VIR 2025.05.14 11:15 I attest to the accuracy and integrity of this document DHARAM VIR 2025.05.14 16:37 I attest to the accuracy and integrity of this document
CWP-24063-2024 -3- Chandigarh. He further submits that a mandamus be passed upon the Transport Commissioner (respondent no.2) to take a final decision on the letter (Annexure A-1).
7. This Court finds merit in the aforesaid submission, as made by learned counsel for the petitioner, therefore, a mandamus is passed upon respondent no.2, to take a final decision on the letter dated 13.01.2025 (Annexure A-1), within a reasonable time.
8.
Disposed of accordingly.
(KULDEEP TIWARI) May 13, 2025
JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.05.14 11:15 I attest to the accuracy and integrity of this document DHARAM VIR 2025.05.14 16:37 I attest to the accuracy and integrity of this document