GUWAHATI, India, Jan. 3 -- Gauhati High Court issued the following order on Dec. 2:
1. Heard Mr R Dhar, learned counsel appearing for the petitioner. Also heard Ms M D Borah, learned Standing Counsel, Standing Counsel, Transport Department; Mr N Das, learned Government Advocate, Assam; and Mr P R Sarma, learned counsel appearing on behalf of respondent No. 5.
2. The present writ petition has been instituted by the petitioner being aggrieved by the action of the respondent No. 3, whereby the vehicle bearing Registration No. AS-28-AC 0744, has been flagged as "Not to be transacted" by referring to a Police case under Section 154 CrPC etc., and also based on a complaint by the respondent No. 5. The case of the petitioner is that her husband was the owner of the aforesaid vehicle bearing Registration No. AS-28- AC 0744 and on his demise, she had applied to the concerned District Transport Office for registering the transfer of ownership from the deceased husband to the petitioner herein. However, when the transfer did not materialise and on enquiry being made , the petitioner came to know that the concerned authority had flagged the vehicle as not to be transacted.
3. Mr R Dhar, learned counsel appearing for the petitioner has submitted that there are only certain circumstances under which, a vehicle can be flagged as not to be transacted and the said conditions are reflected in the communication dated 3rd of April, 2023, issued by the Ministry of Road Transport and Highways, Government of India. By drawing the attention of this Court to the Serial No. 9 of the categories for flagging of vehicles as not to be transacted on Vahan, the learned counsel submits that it is only in cases where the legal heirs file a complaint on the demise of the owner of the vehicle, that a vehicle can be flagged as - 'not to be transacted'. The learned counsel has submitted that there is no order from any appropriate forum of law restraining transfer of the vehicle from the name of the deceased owner to the legal heirs, and in any case, a vehicle cannot stand in the name of a deceased person, where his legal heirs apply for transfer of ownership. He, accordingly prays that the respondents be directed to remove the 'not to be transacted' flag against the said vehicle and further, to process the transfer of ownership of the said vehicle to the legal heirs of the deceased owner in accordance with law.
4. Mr P R Sarma, learned counsel for the respondent No. 5 has submitted that the writ petition does not deserve any consideration from this Court since the petitioner has been taking varying stands and the bona fide behind the writ petition cannot be pre-supposed. The learned counsel has submitted that although in the writ petition, a stand has been taken that unless a vehicle is a case property or under investigation and formal request is made by the IO in writing to keep the file in safe custody or not to make any transaction, the transfer of the vehicle cannot be stalled, while addressing the Court, the another ground has been taken that the flagging cannot be done, unless the legal heirs make a complaint.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqIz7P2WY9%2FImRFFYxKTTlaHXYDBZO9Om1kycUpE5skjo&caseno=WP(C)/3477/2024&cCode=1&cino=GAHC010128622024&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
