Failure of registration because of dormancy of E-Portal isn’t the fault of the Petitioner in the matter of delayed transaction: High Court of Patna

The applicants recorded a writ request in the idea of mandamus in which the solicitors argued to get the vehicles bought by them enlisted by the respondents. Because of the inertia of the E-Portal, the equivalent 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 applicant submitted in the court to give a proper writ or request in the idea of Mandamus to make respondents issue suitable orders to the individual DTO’s to enrol the vehicles as referenced in the outline upon the confirmation of the genuineness of the exchange in understanding to law.

The seller has offered 10 vehicles to isolate people. The Learned senior advice expressed that the solicitor ought to be permitted to move toward the authority designated for the vehicle’s enlistment. It was fought that in case the materials show the validity of the exchanges happened then the proper authority should accept choices according to law and the vehicles would be enlisted.

The applicant further appealed to give a request to the respondent to give impact to the different orders as passed by the Supreme Court by which the Hon’ble Court allowed the authorization for enrolment of the vehicles bought on a date. The applicants further added to order the respondents to acknowledge the enrolment of the vehicles which were sold however the subtleties of a similar which couldn’t be transferred by the solicitor on the E-Portal on the grounds that the Portal was idle around then.

The Hon’ble High Court Of Patna held and directed,”…the candidate to approach the authority, for example, Locale Transport Officer, Khagaria, according to specifics given by the learned direction.” Further, it was added that the said authority should handle the application within a time of about a month from the date of recording of the application. Henceforth, the freedom is held to the candidate to benefit fitting cures, assuming that the need so emerges. The appeal stood arranged off on the previously mentioned conditions.

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Judgment Reviewed By Nimisha Dublish

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