(Sona Roy vs State Of West Bengal & Ors.)
2023 Latest Caselaw 2707 Cal

135
jdt.

       19.04.2023
          jb.


                                      W.P.A. 9338 of 2023

                             (Sona Roy vs. State of West Bengal & Ors.)

                      Mr. Kishore Dutta
                      Mr. Debasish Roy
                      Mr. Sandipan Ganguly
                      Mr. Sunit Kr. Roy
                                 .... For the Petitioner
                      Mr. Amal Kr. Sen
                      Mr. Jaladhi Das
                                 .... For the State


                          Heard learned counsels for the parties.

                          It is contended on behalf of the writ petitioner

                    that she purchased a Hyundai Verna car bearing

                    registration No. WB-06-B-8367 in August, 2015 and the

                    car was duly registered in her name. The petitioner sold

                    out the said vehicle to a dealer of vehicles namely M/s

                    Bagaria Motors Private Limited on 27th October, 2017 in

                    exchange for a new Renault Kwid car which was

                    registered in the petitioner's name having registration

                    No. WB-02-AL-9838. Upon handing over possession of

                    the old vehicle to the dealer, the petitioner intimated the

                    same to the registering authority, Public Vehicles

                    Department, Kolkata, being the 3rd respondent herein,

by a letter issued on 31st October, 2017. The delivery

note issued in favour of the petitioner by the dealer

Bagaria Motors Private Limited demonstrates that the

vehicle was delivered to the dealer on 27th October,

2017. Since the petitioner continued to receive notices

of traffic violation cases even after sale of the vehicle,

she wrote to the dealer as well as police authorities

intimating that she was no longer the owner of the said

vehicle.

The petitioner complains that she received a

summons issued by the Court of the learned Exclusive

Excise Spl. Court No. II, Buxar, Bihar in connection

with a criminal case being case No. 214(O) 2019 under

Section 30(a) of the Bihar Prohibition and Excise

Amendment Act, 2018 arising out of Government

Official COMP Police Station case No. 214 of 2019

wherein the petitioner was directed to appear before the

said learned Court on 18th March, 2023 to answer the

charges slapped on her.

The petitioner has prayed for a writ in the nature

of mandamus commanding the third respondent to

correct the records regarding transfer of ownership of

the vehicle bearing No. WB-06-B-8367 by deleting the

name of the petitioner as registered owner of the said

car.

Placing reliance on Section 50 of the Motor

Vehicles Act, 1988, learned counsel for the respondents

submits that though intimation for transfer of

ownership of a vehicle shall be given to the authority by

the transferor, it is for the transferee to apply for

change of ownership of the vehicle along with

prescribed fees. The registering authority is empowered

to make such transfer only on the application made by

the transferee and not the transferor.

Learned counsel for the respondents further

submits that the vehicle has been reregistered against

an auction in the name of one Binoy Kumar before the

registering authority at Buxar, Bihar on 31st August,

2021.

Learned counsel has placed reliance on a

judgment of a co-ordinate Bench of this Court passed

on 1st July, 2020 in W.P. 4462(W) of 2019 on a similar

issue wherein the learned Court observed that since the

petitioners therein successfully discharged their onus

establishing cessation of their title to the vehicle in

issue on the basis of bona fide transfer, they shall be

entitled to a declaration ceasing to treat them as

registered owners of the vehicle in issue. The Court

restrained the respondents therein from inflicting,

imposing and/or realising on and from the writ

petitioners any penalty/levy/charge/fee connected to

the vehicles in issue in the writ petition.

The ratio of the said judgment is applicable in the

facts and circumstances of the present case.

Since it is not in dispute that the vehicle in

question was sold out by the petitioner to the dealer on

27th October, 2017 and possession of the vehicle was

handed over on the same date, this Court is inclined to

hold that the petitioner shall be entitled to a declaration

to the effect that she has ceased to be the registered

owner of the vehicle in question from the date of

sale/handing over possession of the vehicle, that is, on

and from 27th October, 2017.

As a corollary, no coercive steps be taken against

the petitioner in connection with any violation that may

have occurred in respect of the vehicle in question on

and from the said date.

With the above observations and directions, the

writ petition is disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations

contained in the writ petition shall be deemed not to

have been admitted.

Urgent certified website copy of the order, if

applied for, be given to the parties on compliance of

requisite formalities.

(Suvra Ghosh, J.)