NINGE GOWDA v. REGIONAL TRANSPORT OFFICER , REGISTERING AUTHORITY, MYSORE
2000-06-12
MOHAMED ANWAR
body2000
DigiLaw.ai
( 1 ) HEARD both sides. ( 2 ) THE petitioner who was the registered owner of the vehicle bearing Registration No. KA 19/a-7557 has approached this Court by this writ petition seeking to quash the order per annexure-C, dated 18-2-2000 of the first respondent-R. T. O. which reads as follows: "fresh R. C. issued in the name of the Financier on 23-2-2000. As per the provision of Section 51 (5) of the Motor Vehicles Act, 1988 read with Rule 61 (3) of the CMV Rules, 1989 in the name of the Shri Ram Transport Finance Corporation Limited No. 1952/3, I Floor, Kothwal ramaiah Street, Mysore, R. C. No. 127189, w. e. f. 23-2-2000". ( 3 ) ADMITTEDLY, the petitioner acquired the possession of the said vehicle under an arrangement of hire-purchase agreement between himself and respondent 2, When he became a defaulter in the payment of monthly instalments in respect of the price of the said vehicle, respondent 1 was moved by respondent 2 under Section 51 (5) of the Motor Vehicles Act (for short the 'act') to cancel the petitioner's registration certificate with respect thereto, and to issue a fresh one in favour of respondent 2. Thereupon, the order impugned has been passed by respondent 1. ( 4 ) THE ground on which the validity of the impugned order is challenged by the petitioner is that respondent 1 has failed to pass the speaking order, after considering his representations per annexures-A and C, dated 31-1-2000 and 17-2-2000, which were given to respondent 1 in response to his show-cause notice issued and that the consideration of the said representations was the imperative legal requirement of law under Section 51 (5) of the Act. Section 51 (5) reads as under: "section 51.--Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.
Section 51 (5) reads as under: "section 51.--Special provisions regarding motor vehicle subject to hire-purchase agreement, etc. : (5) Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle (from the registered owner) owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgment due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement: provided. . . . . : provided. . . . . ". (emphasis supplied) ( 5 ) A plain reading of this provision makes it clear that any order to be passed thereunder by the competent Authority must precede with an opportunity afforded to the registered owner of making his representation as by way of his objection to the proposed action and the consideration by the authority of such representation made, if any. ( 6 ) IN the instant case, though admittedly the said representations as per Annexures-A and B were made by the petitioners, the impugned order quoted above discloses that they were totally ignored and not at all considered by respondent 1 while passing the same. Therefore, the order having been passed in violation of the said imperative requirement of law, cannot be sustained and has to be quashed. ( 7 ) HENCE, the petition is allowed. The impugned order per Annexure-C, dated 18-2-2000 of respondent 1 is quashed. The matter is remitted to him for fresh enquiry in the light of the observations made above and in accordance with law. It is further ordered that respondent 1 shall dispose of the matter within one month from the date of communication of this order after consideration of the said representation per Annexure-C of the petitioner.