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2024 DIGILAW 6 (JK)

Deepak Singh Jamwal v. UT of J&K

2024-01-12

WASIM SADIQ NARGAL

body2024
ORDER : 1. Petitioner through the medium of instant petition filed under Article 226 of the Constitution of India seeks the following reliefs:- (i) CERTIORARI so as to set aside and quash Circular No. TC/JK/MV/2019/144-68 dated 03-01-2019 by clearing the same as illegal and unconstitutional; (ii) MANDAMUS Commanding respondent Nos. 2 & 3 to re-register the vehicle of the petitioner bearing registration No. DL4CNC3438 and further directions may kindly be issued commanding the respondent to extend the life of the said vehicle as per law.” 2. The facts under the shade and cover of which the instant writ petition has been filed are that the petitioner purchased a Vehicle bearing registration No. DL4CNC3438 from one-Sahil Goel from Delhi, who purchased the same from M/s J S Textile Ltd., New Delhi and petitioner also got No Objection Certificate from the concerned Transport Department, GNCT, Delhi on 18.10.2020 for its re- registration in J&K Jammu. It is stated that the petitioner applied for re-registration of the said vehicle by providing the said NOC and other relevant formalities in the office of respondent No. 3, i.e., ARTO Samba. However, the respondent No. 3 refused to re-register the vehicle on the ground that there is a circular No. TC/JK/MV/2019/144-68 dated 03.01.2019 issued by respondent No. 2, banning the re-registration of the BS-III Vehicles in the State/UT. 3. Learned counsel for the petitioner submits that the petitioner approached the respondent No. 3 on so many occasions and filed a representation on 11.12.2020, requesting the said respondent to re-register his vehicle, which is also pending disposal, but despite running from pillar to post, the request of the petitioner was not accepted by the said respondent. The petitioner thereafter, waiting for long time, also served a legal notice upon the respondent Nos. 2 & 3, requesting them to register his vehicle, but no reply of the legal notice was given by the said respondents and despite numerous requests made by the petitioner, respondents have not considered the claim of the petitioner for re-registration of vehicle, thereby causing irreparable loss to the petitioner with reference to his claim under Migrant relief schemes of the Government. It is submitted that the petitioner time and again approached the offices of respondent Nos. 2 & 3 for re-registration of his vehicle, which was denied illegally on the basis of circular impugned. 4. It is submitted that the petitioner time and again approached the offices of respondent Nos. 2 & 3 for re-registration of his vehicle, which was denied illegally on the basis of circular impugned. 4. Learned counsel for the petitioner further submits that the petitioner also filed an application under RTI Act, seeking information regarding action taken upon the legal notice dated 07.11.2023 by respondent Nos. 2 & 3, but no reply has been given by the respondent No. 2 till date. 5. Feeling aggrieved of what has been stated above, the petitioner has approached this Court by way of instant writ petition. 6. Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the instant writ petition is disposed of by directing the respondents to treat the instant writ petition as representation and accord consideration to the same within some reasonable period. 7. Notice. 8. Ms. Priyanka Bhat, assisting counsel to Mrs. Monika Kohli, Sr. AAG waives notice on behalf of the respondents. She submits that the respondents have no objection, if the instant writ petition is directed to be treated as representation and same is accorded consideration strictly in accordance with the rules and as per law. 9. With the consent of learned counsel for the parties and keeping in view the facts and circumstances of the case, the instant writ petition is disposed of, at the threshold, with a direction to the respondents to consider the claim of the petitioner by treating this writ petition as representation and take a decision thereon, strictly under rules and as per law and pass a consideration order within a period of six weeks from the date a certified copy of this order alongwith complete set of writ petition are made available to the respondents. 10. Disposed of, as above alongwith connected application.