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Allahabad High Court

RIYAJ AHMADversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court disposed of the writ petition, directing the petitioner to file a fresh representation before the Regional Transport Officer and the officer to decide it within a month.

Summary

The petitioner, Riyaj Ahmad, purchased a JCB vehicle (Regn. No. UP91AT3448) at auction but the Regional Transport Officer failed to issue a registration certificate or transfer registration to his name despite multiple representations. The petitioner filed a writ petition seeking direction for the issuance of the registration certificate. The respondents argued that the writ petition need not be kept pending and suggested that the petitioner file a fresh representation before the transport authority. The Court, without delving into the merits, disposed of the writ petition, directing the petitioner to file a fresh representation with a certified copy of the order within one month, and directing the transport officer to decide the matter within one month of receipt. The order thus provides a procedural remedy rather than a substantive adjudication on the registration issue.

Issues considered

  • Whether the petitioner is entitled to a registration certificate and transfer of registration for the vehicle purchased at auction.
  • Whether the writ petition should be entertained or the petitioner should be directed to approach the transport authority afresh.

Subjects

  • Vehicle registration
  • Auction purchase
  • Writ petition
  • Administrative remedy
  • Transport authority

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 14271 of 2026

                                    Riyaj Ahmad
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Abdul Mateen
                                    Counsel for Respondent(s)                           :    C.S.C.

                                    Court No. - 40
                                                     HON'BLE SARAL SRIVASTAVA, J.
                                                     HON'BLE SUDHANSHU CHAUHAN, J.

                                    1. Heard learned counsel for the petitioner and learned Standing Counsel for
                                    the State respondents.

                                    2. The grievance of the petitioner is that, despite the fact that the JCB vehicle
                                    bearing Registration No. UP91AT3448 was purchased by him in an auction,
                                    the respondent authority has neither issued the registration certificate nor
                                    transferred the registration of the said vehicle in the name of the petitioner.
                                    In this regard, the petitioner has submitted several representations before the
                                    respondent authority, but no heed has been paid to his request and the
                                    grievance of the petitioner remains unattended.

                                    3. Learned counsel for the respondents submits that no useful purpose would
                                    be served in keeping the writ petition pending and appropriate direction may
                                    be issued to the respondent no.2 to consider the grievance of the petitioner.

                                    4. Considering the facts and circumstances of the case and without adverting
                                    into the merits of the case, the writ petition is disposed off permitting the
                                    petitioner to file a fresh representation alongwith certified copy of this order
                                    raising all his grievances before the respondent no.2-Regional Transport
                                    Officer, Hamirpur within a period of one month from today. In case, any
                                    such representation is filed by the petitioner, the respondent no.2 shall
                                    consider and decide the same in accordance with law within a period of one
                                    month thereafter from the date he receives representation of the petitioner.

                                    September 9, 2026
                                    Gaurav
                                                               (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)




Digitally signed by :-
GAURAV PATEL
High Court of Judicature at Allahabad


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