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Failed registration due to inactivity of E-Portal is not the fault of the Petitioner: High Court of Patna

The petitioners filed a writ petition in the nature of mandamus in which the petitioners pleaded to get the vehicles purchased by them registered by the respondents. Due to inactivity of the E-Portal the same was not done. The Hon’ble High Court accepted the petition and gave decision in favour of the petitioner under the light of all facts and circumstances. The Hon’ble High Court of Patna before Justice Mr.  S. Kumar in the matter of Khagaria Auto Agency and others v. The State of Bihar[Civil Writ Jurisdiction Case No.5165 of 2021].

The facts of the case were that the petitioner submitted in the court to issue an appropriate writ or order in the nature of Mandamus in order to make respondents issue appropriate orders to the respective DTO’s to register the vehicles as mentioned in the chart upon the verification of the authenticity of the transaction in accordance to law. The dealer has sold 10 vehicles to separate individuals. The Learned senior counsel stated that the petitioner should be allowed to approach the authority nominated for the vehicle’s registration. It was contended that if the materials shows the genuineness of the transactions happened then the appropriate authority should take decisions as per law and the vehicles would be registered.

The petitioner further prayed to issue an order to the respondent to give effect to the various orders as passed by the Supreme Court whereby the Hon’ble Court granted the permission for registration of the vehicles purchased on date. The petitioners further added to command the respondents to accept the registration of the vehicles which were sold but the details of the same which could not be uploaded by the petitioner on the E-Portal because the Portal was inactive at that time.

The Hon’ble High Court Of Patna held and directed,”…the petitioner to approach the

authority i.e. District Transport Officer, Khagaria, as per particulars given by the learned counsel.” Further it was added that the said authority should process the application within a period of 4 weeks from the date of filing of the application. Hence, the liberty is reserved to the petitioner to avail appropriate remedies, if the need so arises. The petition stood disposed off on the aforementioned terms.

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Judgment Reviewed By Nimisha Dublish

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