ad- a tc-N_L. Versu

State of West Bengal & Ors.

. as li ed matter.

Kindly acknowledge the same and do the needful

please find herewith the copy of writ petition which was to be filed ore His Lordship the Hon'ble Justice

to move the writ application or

Sk•Sarnim Akhter Advocate,

Hilt Court, Calcutta

Ref. No. Mobile : 9830355169

Dated : 6 _ --67aa--6,-

Chamber: I Old Posi

Kolkata - 700 901

To

The Govt Pleader High Court Calcutta,

Appellate Side Kolkata-01.Pin Code:-

700001.

RE:- W.P No g 9 ( (w)of 201.6,

Dear Sir,

Yours' faithfully.

e_S K , C . -

Advocat .

Lt-

Enclo:- As above.

DISTRICT - Purba Medinipur In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

(w) of 2016

In the matter of :

An application Under Article 226 of

the Constitution of India,

-And-

In the Matter of :

Subject matter relation to :

Motor Vehicle: Transfer of

Ownership,

Under:

Group: VII, Head: , of the list of

Classification.

And-

In the Matter of

Bidyut Kotal & Another

oners

The State of West Bengal & Ors.

Respondents.

Ck S

AcLvocat _cord Sk. S &Mini Aid. ter,

Advocate, 8, Old Post Office Street, Kolkata-700 001.

DISTRICT - Purba Medinipur In the High Court at Calcutta

Constitutional Writ Jurisdiction Appellate Side

W.P. NcCiNCV (w) of 2016

In the Matter of : Bidyut Kotal & Another, ..Petitioners

- Vs- State Of West Bengal & Ors. Respondents.

INDEX RELATING TO THE GRIEVANCES OF PETITIONERs

INDEX

ISLNo. Documents Annexure Page .1)(rit Petition 1-36

2 The copy of registration certificate, P-1 1 37-38 copy of insurance The copy of G.D bearing No P-2 39-43 Sutahata P.S Case No 320/2014 dated 21.11.2014 The copy of complain dated P-3 44-46 04.12.2014 and its order and developments

5 The copies of receipt of fees and FP-4 147-48 vehicle particular dated 20.02.2015

E 6 The copy of letter dated 27.022015 P-5 49-58 and letter dated 11.09.2015

7 The Copy of order dated 18.01.2015 P-6 59-66 The copies of letters in respect of P-7 67-72 communicating the order of Hon'ble High Court dated 18.01.2016.

9 The copy of letter dated 19.04.2016. P-8 73-75 10 The copy of written submission. P-9 76-78 11 The copy of letter dated 02.05.2016 P-10 79-84

being no 3728(2)/MV. 1 2 particulars of vehicle of dated P-11 r85

20.02.2015. 3 Particular dated 23.02.2015. P-12

LIST OF DATES

Date Remarks August 2014 Petitioners engaged one Sk Masud Alam to

look after and manage the plying of vehicle for

which they handed over the vehicle verbally.

20.11.2014 The respondent no-6 failed to shows the way

bill for which petitioners make obstruction at

Sutahata Stoppage and the respondent no-6

disclosed his ill minded thinking.

21.11.2014 Petitioners lodged a complainbefore Sutahata

Police Station.

0412.2014 respondent no-6 made a counter claim by

lodging a complain before Durgachak Police

Station.

20.02.2015 Petitioners prayed for particulars of vehicle

and Registering authority issued the same

signifying that petitioners are owner of vehicle.

23.02.2015 a Particulars is shown in same receipt of

20.02.2015 that the vehicle is transferred in

favour of respondent no-6. Ne hearing, no

verification, no proper proceedings was done

by Registering Authority.

27.02.2015 Petitioner no-1 made a prayer addressing all

the respondent authorities to look after the

matter and take step to return back the

vehicle.

26.08.2015 Petitioner no-1 made a prayer under RTI Act to

know what process is laid down and what

process has been adopted and what

documents has been relied upon T/O.

11.09.2015 Petitioner's Ld. Advocate requested the

registering authority to cancel the Transfer of

ownership of vehicle.

18.0].2016 The Hon'ble Justice Samapti Chatterje has

been pleased to dispose of the Writ Petition

W.P. No. 25322 (W) of 2015, inerealia .by

directing the Transport Authority to hear out

the representation of the petitioners dated

27.02.2015 and 11.09.2015,

26.04.2016 The date hearing before the RTO Purba

Medinipur Authority, and the petitioners

placed all the documents as well as the written

notes of argument.

02.05. 2016 The order impugned communicated by the

RTO, Purba Medinipur.

20.05.2016 This Writ Petition.

POINTS OF' LAW

f. ',Nhether Registering authority MV Department, Purba

Mean is the appropriate authority for registration of

vehicle and transfer of ownership of vehicle.

I.E. Whether tinder Central Motor Vehicles Rules 1989 proper

proceouce has been laid down in regard to transfer of a

vehicle ?

111. 'Whether the previsions of MotorVehicles Act-1988, laid down

edare for t ester of ownership by following the

report of transferor and report of police authority is

mandatory?

JVhether Jae process of transfer he ownership had

been the present matter?

V. Whether the Registering Authority seek any report from

Petitioners and from police ?

Nil-nether the ionacess of transfer of ownership of WS 29A 3372

has been followed?

VD Whether the procedure of transfer of ownership of vehicle in

favour of le SP o; 1 n is in consonance tisrithg the Act

and Rite?.

VW. Whether without taking any proper procedure for transfer is

rTh lid CT not?

K. Whether the 'Vehicle WE 29A 3372 is liable to be sized by the

Police Authority?

DISTRICT - Purba Medinipur.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P. No9Q97 (W) of 2016

In the Matter of:

An application under Article 226 of

the Constitution of India;

AND

In the Matter of:

A Writ of and in the nature of

Mandamus and /or Certiorari

and/or any other appropriate writ

or writs, direction or direction and

order or orders;

AND

In the Matter of:

Motor Vehicles Act 1988 and West

Bengal Motor Vehicles Rules 1989

subsequent amendment made there

ander;

--TENiFIU PEE‘ a la

AND

In the Matter of:

Impugned decision dated

26.04.2016 of registering authority

as communicated by Regional

Transport Officer dated 02.05.2016

by letter no Memo No 3728 (2)/(MV)

without stating the reason that how

they transfer the vehicle without

hearing the petitioners, without

verifying their signatures, without

conforming signatures, without

taking police report and supporting

their mal-practicing, is bad illegal

and non supported by law.

And

In the matter of;

Unwillingness and reluctances on

the part of the respondents,

Registering Authority Purba

Medinipur (Motor Vehicles

Department) at the time of hearing

3

the private respondents failed to

produce any documents but the

office of respondent authority

believe that Form 29, 30 was

supplied by the petitioner but the

averments was not recorded that

the vehicle was sold by petitioners

or the financer but further behind

arid back of the petitioners the

respondent authority supporting

the private respondents without

supplying the documents which

was relied by the respondents.

And

In the matter of;

The respondents failed to show

reason why, without hearing and

without giving any scope to object

the documents which were neither

signed by petitioners nor do any

consent to sale their article WB-

29A-3372 but do the transfer of

ownership of vehicle by the

respondents claiming that

4

petitioners were transferring the

vehicle in favour of Sk Masud Alam

AND

In the matter of:

Illegal and arbitrary act and action

on the part of the respondents non

passing any reason order in giving

priority further to transfer an

ownership of vehicle without

following the principal of natural

justice but giving indulgence of one

Sk Masud Alam and his supplying

documents which are neither any

documents in the eye of law.

And

In the matter of;

The respondents shows hurried and

knowing fully well about pending

Criminal cases before Additional

Chief Judicial Magistrate, Haldia in

regard to disputed possession of

vehicle, the respondents further

confirmed the transfer of ownership

of vehicle in name of private

respondents, supporting their

earlier act and action without

showing reason stating that same

issue is pending before Chief

Judicial Magistrate Haidia, without

following the general nouns and

proceedings of transferring of any

article registered under present

Act;.

AND

in the Matter of:

I. Bidyut Kotal

2. Debaprasad Kotal

Son of late Susanta Kotal

Residing at Village Motirampur,

P.0;- Kukrahati, P.S Sutahata,

Dist:- Purba Medinipur PIN

721836. Petitioners.

-Versus-

1. The State of West Bengal,

represented by it's Secretary

6

Transport Department, office at

Paribahan Bhawan, CTC Building,

12 RN Mukherjee Road, Kolkata -

700001.

2. The District Magistrate, Purba

Medinipur office at Tamluk, P.0;-

Tamluk, P.S;- Tamluk, Dist:- Purba

Medinipur, PIN 721636.

3. The Registering Authority, Motor

Vehicles Department, District Purba

Medinipur. Office at Tamluk, P.0:-

Tamluk, P.S;- Tamluk, Dist:- Purba

Medinipur. PIN 721636

4. The Regional Transport

Officer ex officio Authorized

Signatory of Registering Authority

M.V Department. Purba Medinipur

office at Tamluk, P.0;- Tamluk,

P.S;- Tamluk, Dist:- Purba

Medinipur, PIN,- 721636.

5. The Indus nd Bank Ltd,

Regional Office at Park Street,

Kolkata-700017, service through its

Regional Manager.

6. Sk Masud Alam. Son of Abul

Kalam Azad, permanently residing

at village and post office at Dhekua

P.S:- Sutahata, Dist:- Purba

Medinipur, presently using address

Village Durgachak, Uttar Pally, P.O

P.S:- Durgachak, Dist:- Purba

Medinipur 721602

Respondents

To

The Hon'ble Mrs. Manjula Cheliur, Chief Justice and Her Companion

Justices of the said Hon'ble Court.

The humble Petition of the

Petitioners above named most

respectfully:-

Sheweth:-

Your Petitioners are Citizen of India and permanently residing

at the address given in the cause title mentioned above.

2. That your petitioners state that they were/are registered owner

of a vehicle 10 wheels truck bearing registration no WB-29A-3372,

registered at Registering Authority, Purba Medinipur at Tamluk. The

said vehicle was/is bearing Chassis No MAT4480451A01830,

Engine No 11A62979069. The said vehicle was/is hypothecated to

Indusind Bank Ltd. Kolkata-17. Due to engagement in other

business your petitioners intend to look after to the respondent no-6

in good faith and in friendly relation.

3. That your petitioners state that with love and affection with

their friend one Sk Masud Alain respondent no-6 was allowed for

operating their vehicle and with great confidence they were verbally

entered in agreement that in each and every month the respondent

no-6 will pay a sum of Ps:- 40,000/- (Forty thousand only). The

same article has been given in the month of August 2014. After

taking the said vehicle the respondent no-6 changes his residential

address to jurisdiction of Durgachak Police Station.

4. That your petitioners states that after August 2014 the

respondent no-6 paid the installments to the financer and stated

that on behalf of petitioners he had done the said payment and until

and unless the earlier documents in regard to the insurance papers

will be made the fresh insurance will not be made. At that reason the

all relating documents such as original blue book, Tax Insurance

Fitness Certificate was handed over to the respondent no-6 to

smoothly plying on road.

9

The copy of registration certificate, copy of insurance are

annexed herewith and marked P-1 to this petition.

5. That your petitioners state that on 20.11.2014 at about 4=30

PM the petitioners search out the vehicle at Sutahata stoppage

and tried to stopped the same and at that point of time the bad

intention of respondent no-6 was crystallized when the respondent

no-6 stated that the vehicle WF.3-29A- 3372 was/is his property. He

stated that he will not return back the same at any chance and not

in any way. your petitioners was lodged a simple dairy before

Sutahata. Police Station on 21.11.2014 with intention that the

police authority will take negotiation between the parties but after

laps of time it was came to knowledge that the same was

transferred before Ld. Additional Chief Judicial Magistrate at

Haldi a.

The copy of G.D bearing No Sutahata P.S Case No 320/2014

dated 21.11.2014 is annexed herewith and marked P-2 to this

petition.

6. That your petitioners state that in counter blast of Sutahata

P.S Case the respondent no-6 lodged a complaint on 04.12.2014

occore Durgachak Police Station bearing P.S Case No 216/2014. It is

after thought complain and in respect of that complain it is found

that it is fully plan-wise complain.. In respect of that complain the

Loners were acre. 1 ereafter they were released on bail.

i0

The copy of complain dated 04.12.2014 and its order and

developments are annexed herewith and marked P-3 to this petition.

7. That your petitioners states that complaint lodged on

21.11.2014 by petitioner no-1 and the matter was heard by Ld. ACJM

Haidia but the same Ld. Magistrate was heard the matter relating to

same vehicle WB-29A-3372 in complain of respondent no-6. In

matter of respondent no-6 Ld. ACJM issued warrant on 18.03.2015

and in matter of petitioners on 10.03.2015 hearing was fixed and

thereafter on 30.03.2015 and so on. Petitioners challenged those

order praying to stay of proceedings and jointly hearing those matter

before competent court.

8. That your petitioner states that in pendency of two matters

the Registering Authority, Purba Medinipur change the name of

registered owner of vehicle bearing no WB-29A-3372 on 23.02.2015.

On 20.02.2015 petitioner no-1 submit a letter praying a particular in

connection of vehicle WB-29A-3372. The said letter was submitted to

the office of registering authority Purba Medinipur. After accepting

we same the registering authority realized the fees and issued a

particular.

The copies of receipt of fees and vehicle particular dated

20.02.2015 are annexed herewith and marked P-4 to this petition.

11

9. That your petitioners state that from record supplied before

the Ld Court of Haldia it was came to knowledge that the vehicle was

transferred on 23.02.2015 but no hearing was done and no police

report was called for from any police station.

10. Your petitioners state the registering authority neither taken

any proceedings nor adopted fair practicing at the time of transfer an

ownership of a vehicle. The main ingredients are as follows:-

(a). That no proceedings was drawn.

(b). No confirmation was made that the signature of petitioners

are true or genuine.

(c ). No hearing was taken before change the name of registered

owner of vehicle.

(d). No police report was called for.

(e). No witnesses was required to prove that the signature of

petitioners are true or not, before transferring the vehicle.

(f). No personal hearing was given to the original owner of the

vehicle.

The above norms and formalities was not over before

transferring the vehicle for which when your petitioner came to know

about that your petitioners made a prayer on 27.02.2015 before the

respondent no 2 and other respondents with great impression that

the respondents will take steps but nothing was done for which your

petitioner further made a demand notice through their Ld Advocate

12

on 11.09.2015. the respondents received the same but nothing was

done for which your petitioners moved a writ petition before the

Hon'ble High Court by filling writ petition bearing no W.P No

25322(w) of 201.5 (Bidyut Kotal & another -vs- State of West Bengal

8z. Ors).

The copy of letter dated 27.02.2015 and letter dated 11.09.2015

are annexed herewith and marked P-5 to this petition.

II. Your petitioners state that due non receiving satisfactory reason

in regard to one window activities of the registering authority Purba

Medinipur they filled a writ petition on 28.09.2015 before Hon'ble

High Court. The said matter was heard by Her Lordship the Hon'ble

Justice Samapti Chatterjee on 18.01.2016. At the time of final

hearing neither Private respondents nor the financer appeared.

After hearing the parties Her Lordship pleased and direct the

Registering Authority to hear the grievances made in representation

dated 27.02.2015 and 11.09.2015, upon giving personal hearing to

We petitioner and respondent no-6 within certain period.

The Copy of order dated 18.01.2015 is annexed herewith and

marked P-6 to this petition.

12. Your petitioners state that after order of Hon'ble High Court

dated 18.01.2016 the said order was communicated on 20.01.2016.

The registering authority received the same communication.

Thereafter on 09.02.2016 the server copy of order was communicated

13

and the respondents received the same Thereafter on 12.04.2015 the

Xerox certified copy of solemn order was communicated through

speed post with A/D with stating that the petitioners were intended

to file contempt application.

The copies of letters in respect of communicating the order of

Hon'ble High Court dated 18.01.2016 are annexed herewith and

marked P-7 to this petition.

13. Your petitioners state that after receiving notice dated

17.04.2016 the respondent authority invited your petitioners for

hearing the matter. On 19.04.2016 by letter being No 3694(MV) the

RTO (Regional Transport Officer) asked your petitioners to appear

before registering authority on 26.04.2016 at 12 noon.

The copy of letter dated 19.04.2016 is annexed herewith and

marked P-8 to this petition.

14. Your petitioners state that on 26.04.2016 at 12 noon

petitioners and their Ld. Advocate appeared and it was seen that one

ADM (LR) of Purba Medinipur was presiding over the hearing.

Petitioners submitted their written ,ubmission and stated that the

transfer of vehicle was done by taking wrong process, without hearing

your petitioners, without following the Statutory Norms and was

neglecting to principal of natural justice. Petitioners prayed for de-

novo the transferring of ownership of vehicle as on 22.02.2015.

14

At the time of hearing to the respondent no-6 nothing was

submitted and once he stated that petitioners were sold him the

vehicle and in other hand he stated that the financer has been sold

the said vehicle.

In reply the petitioners stated that both are not true.

The written submission was received by the RTO which was a

support of grievances of petitioners.

The copy of written submission is annexed herewith and

marked P-9 to this petition.

15. Your petitioners state that on 09.05.2016 your petitioners

received a leiter of Regional Transport Officer being Memo No

3728(2)/MV dated 02.05.2016. After receiving the letter dated

02.05.2016 of RTO Purba Medinipur the petitioners became

astonished knowing that those things which are main ingredients of

representation were not considered. The officers of registering

authority input some ingredients which was not placed when hearing

was taken. It was admitted that no hearing to the petitioners was

solemnized before transfer the neither article nor police report was

called for to transfer the ownership of vehicle. The respondents were

shows that they are followers of earlier wrong doers.

The copy of letter dated 02.05.2016 being no 3728(2)/MV is

annexed herewith and marked P-10 to this petition.

15

16. That your petitioners state that n letter dated 02.05.2016 it

was reflected that in submission it was pointed out about the fraud

practicing of transferring of vehicle WB-29A-3372 (truck) but the

office of respondent authority failed to consider the documents

supplied in writ petition bearing no W.P 25322(w) of 2015. In decision

as communicated by letter dated 02.05.2016 it was reflected that the

respondents neither considered their fault nor given reason why they

did not make hearing before effecting transferring the vehicle. They

also failed to appreciate those documents which were annexed in writ

petition too. They only declared that in respect of transfer of said

vehicle the Additional District Magistrate (G) of Purba Medinipur has

been submitted a report in respect of G.R Case No 1632/14 of

Sutahata P.S Case No 320/14 on 12.08.2015 under Memo No 1120

/V/15 but it was not clear before filling writ petition and was also not

clear after decision dated 25.04.2016 as communicated by letter

dated 02.05.2016 of RTO Purba Medinipur. At the time of hearing the

petitioners by the ADM(LR) Purba Medinipur dated 26.04.2016 it was

crystal clear that nothing was submitted by the respondent no-6 but

in letter of RTO Purba Medinipur it was stated as follows:-

" The respondent no 6 made submission that he

purchased the vehicle (Truck) bearing Reg. No WB29/A-

from two brothers namely Sri Bidyut Kotal and Sri

Debaprasad Kotal on payment of entire bank loan

amounting to (Rs. 1087684.00 as Bank Loan and Rs.

16

300000.00 in cash to the petitioners) and further

submitted that after payment of Bank loan the Indusind

Bank Ltd. issued NOC alongwith Form-29 and Form-30

with their signatures. In the said form the writ

petitioners also put their signatures. Thereafter, he

submitted all those documents to the office of the MV

department, Tamluk alongwith the requisite Govt. fees

for transfer of ownership of the vehicle in his name as

per law and further submitted that the vehicle in

question is under his possession at present alongwith its

documents /papers."

In the above part of communication it was found that as follows:-

(a) Petitioners were sold the vehicle.

(b) Respondent No 6 pay an amount by Bank loan and

a sum of amount in cash.

(C) The Indusind Bank Ltd issued NOC.

(d) The Indusind Bank Ltd. issued Form-29 and Form-

30 with their signatures.

(e) In the said form the writ petitioners also put their

signatures.

(f) Thereafter respondent no-6 submitted those

documents to the office of MV Department. Tamluk.

17

The above submission was ot made at the time of hearing

before the said authority while the Additional District Magistrate,

(L.R.), Regional transport Officer and Motor Vehicle Inspector, were

present; those matter might he placed after hearing and from the

above quoted portion of the communication letter it is reflected that it

is only to support to their next part of communication letter.

In next part in letter it s stated that two different cases have

been lodged in Sutahata P.S and Durgachak P.S in different date of

year 2014. And the ADM (G) of Purba Medinipur has already

submitted a report for which it is not concluded in decision in sub-

iudice matter before IA Additional Chief Judicial Magistrate, Haldia.

- Further it is reflected in communication letter that entire

decision was guided by earlier decision dated 04.08.2015 which was

decision taken after transferring of vehicle but your petitioners seeks

reason why the procedure of transferring was not maintained and

without hearing the petitioners how the transfer of vehicle was

solemnized. In this decision as communicated by letter dated

02.05.2016 it is reflected that they want to fulfill the lacuna as

envisaged in writ petition which are contradictory to each others.

17. That your petitioners state. that the decision in regard to reason

of disclosing non completion of formalities, without hearing the

petitioners how the principal of natural justice was followed, was not

18

answered and decided that the question of Criminal Case pending

before the Ld. Additional Chief Judicial Magistrate, Haldia and

grievances before the Registering Authority, Purba Medinipur are

same in nature are not only had also bypassing the petitioners

grievances. The respondents stated that as follows:-

" In the aforesaid circumstances, I am not in a position to

come to the conclusion to settled the dispute hereunder

as the said matter is subjudice before the Ld. Additional

Chief Judicial Magistrate Court, Haldia. Accordingly

petitioners representation dated 27th February 2015 as

well as 1Ph September 2015 are disposed of."

That the decision was not conclusive but disposed of the

representations of petitioners without reasons that envisaged in writ

petition.

18. Your petitioners submits that under section 48, 50 of Motor

Vehicles Act-1988 the registering authority must do enquiry and

must he conformed about the application thereafter NOC must be

done in internal communication and after careful consideration if

there are any report goes against the application for transfer of

vehicle the authority must do hearing in respect of transferor and

transferee. Herewith the registering authority admitted that they

neither received application from petitioners nor ever asked your

peUtioners that the vehicle is under process of transfer of ownership.

In behind and back to your petitioners the change of

ownership proceeding was done. After Solemn order of Hon'ble High

Coun, Calcutta dated 18.01.2016 the respondents failed to show that

why they did not followed the provisions of Motor vehicles Act and

Rules.

19. Your petitioners state that the vehicle was kept in illegal method

by the respondent no-6 and that is under sub-judice in Court of Ld.

Additional Chief Judicial Magistrate, Haldia is not to a matter of

lacuna of Transferring proceeding. Under section 48 (5) of Motor

Vehicles Act 1988 it was clear that before giving effect to the transfer

of ownership of any vehicle the report from police authority is

mandatory but in pendency of two matters pending before ACJM

Haldia the transfer was made on 23.02.2015 without taking report

from police authority too. It was made behind and back to your

petitioners and also behind and back to the police authority too.

As per Central Motor Vehicles Rules 1989 particularly Rule 55

the transferor shall report the fact in Form 29. The same was neither

signed nor was reported but if it was reported by transferee the

authority may conform and to satisfy the same must call for report

from transferee and thereafter transferor but they done nothing. The

registering authority recorded that the vehicle was sold by petitioners

if it is true the NOC will not handed over by the respondent no5 to

the respondent no-6. It will also not be true that Form No 29 and

20

Form No 30 is sold from Financer Bank. If financer Bank supplied the

Form- No 29 and Form No 30 to the respondent no-6 with signature

but in Form No 29 and 30 there are no column of signature of

Financer Bank after giving NOC. If there are signatures in Form 29

and 30 no further Signature was necessary to put signatures in

Forms. In pendency of two fold. Criminal cases in Ld. Court of

Additional Chief . Judicial Magistrate Court at Haldia how it will be

believed that after spent time in jail custody the petitioners would put

signature in Form No-29 and 30. So the respondents failed apply

their mind at the time of deciding the issue envisaged in letter dated

27.02.2015 as well as letter dated 11.09.2015, so the decision may be

quashed and set aside for interest of Justice.

20. That the registering authority did nothing after order of lionlole

High Court only to support their earlier doings made on Memo No 11-

2/V/ 15 dated 12.08.2015 which is report of RTO of the then point of

time when mal practicing was made. The respondents trying to record

the submission of respondent no-6 to support the report as

communicated by letter of ADM(Gl dated 12.08.2015. They did not

narrate the grievances of petitioners dated 27.02.2015 as well as

written submission dated 26.04.2016 but elaborately stated about

some documents which never signed but the Financers are with

connivance to respondent no-6 was supplied which was signed at the

time of executing Loan agreement with financer Bank Ltd.

21

21. Your petitioners submit that as per documents submitted

before ACJM Haldia it was found that no form 29 or 30 was

submitted but one unregistered agreement for sale was submitted by

transferee which is fake and fabulous but the same was relied by the

authority. At present it was placed before RTO Purba Medinipur was

with conspiracy too.

The registering Authority failed to comply the Rule 53 (1) (2) and

(3) of West Bengal Motor Vehicles Rules 1989 to make enquiry and to

get proper sale receipt.

23. Your petitioners state that the respondent authority, without

taking personal hearing to the petitioners, transferred the ownership

of vehicle behind and back to the petitioners. They also failed to

follow the procedure as per present Act and Rules. After transferring

the ownership of vehicle WB-29A-3372 the respondent no-6 pursued

his case by submitting different documents to the office of the

respondents, impressing that the act and activities of themselves are

fair and fresh but in submission it was licked out different issues

which make confusion in taking process of transferring of vehicle of

petitioners. In Ld Court bellow the proceedings were in regard to

possession of vehicle is illegal or not but here petitioners agitated in

regard to transfer of ownership which is subject matter of instant writ

petition.

22

Your petitioner wanted to know through application for RTI Act-

2005 on 26.08.2015 and the office of the MV department received the

same but till date no response was made.

24. That in report of ASI Sutahata police Station and Circle

Inspector of Mahisadal and report of ADM (G) Purba Medinipur are

same and all are depended to each other and tried to protected their

subordinate officers. After hearing dated 26.04.2016 it was further

proved that they are supporting their own doings by way of taking

decision without going through the contents of representations. There

was a great mistake has been happened by the Registering Officer

that on application vide challan no BD264664 dated 20 February

2015 one docurficnt submitted on 20.02.2015 showing the owner are

Petitioners' name and in same challan on 23.02.2015 it was shown

that respondent no-6 is the owner of the vehicle. In between

20.02.2015 and 23.02.2015 were holidays of Saturday and Sunday

and in Saturday and Sunday no work was done nor any hearing was

done giving opportunity to the petitioners but change of ownership

A as made by the authority in holidays. There were some conspiracies

between respondent no-6 and registering officer to change the name

of owner of the vehicle. The said issue was not decided but stated

that in pending matter are unable to decide conclusively. They

are knows very well about statements of two different cases lodged in

police stations are never same with the representation but without

23

decision they disposed of those grievances of writ petitioners, is bad

illegal and vindictive in nature is amounted to be quashed/set aside.

25. That your petitioners state that in report of Sub Inspector of

Police Sutahata Police Station dated 12.02.2015 it was first came to

knowledge to the petitioners that a "Sale Deed of Agreement" was

highlighted and where the registering authority was relying upon that

document as cash non registered receipt but your petitioners are

denying the said agreement as well as they also denying the

signatures are not the signature of petitioners. They stated herein too

that they never signed any documents in regard of sale or transfer of

ownership of vehicle.

The said document is neither sale deed nor agreement. There

were no witnesses norany advocate is identified the signatures. Your

petitioners never seen the same nor put their signature upon any

such like documents. The registering authority relied the un-

identified documents as valid documents and it was narrated in his

report as valid documents and by banking upon those documents he

made a transfer which is baseless and not amounted any value in the

eye of law. If the proper proceeding is initiated by the authority the

transfer can't be possible without verifying or taking report from

transferor so it is herein clear that what mat practicing has been done

by the user of documents as well as registering authority. By order as

reflected in letter of RTO dated 02.05.2016 the officers of the

respondent authority trying to bypass the queries of petitioners and

intended to stop the matter without disclosing the reason of

practicing for such type of activities as dome in between 20.02.2015

to 23.02.2015 as came up in documents of MV Department of Purba

Medinipur.

26. The particulars of vehicle of dated 20.02.2015 is annexed

herewith and marked as "ANNEXURE P-11", and particular dated

23.02.2015 is annexed herewith and marked "P-12" to this petition.

27. That your petitioners state that they were/are registered owner

of vehicle WB-29A-3372 (truck) but the authority of Motor Vehicles

Department changed without due process of law, is open to your

petitioners to challenge in instant writ petition herein. The Hon'ble

High Court, Calcutta rightly pass an order to hear the representation

dated 27.02.2015 as well as 11.09.2015. The respondents heard the

objection dated 27_02.2015 after Solemn Order dated 18.01.2016 but

try to bypass to decide the matter jumping in different issue. They

tried to bypass in prayer of letter dated 27.02.2015 as well as prayer

dated 11.09.2015 but intend to support the activities of earlier

officers as well as ill mind of respondent no 5 and 6. So the act and

action dated 28.04.2016 and its decision as reflected in letter of RTA,

Purba Medinipur dated 02.05.2016 is declared invalid and amounted

c) be quashed:set aside.

25

28. That your petitioners submits that it become a no al habit of

the respondents that to support the existing order without applying

mind until and unless a directory orders has been passed by any

forum indicating that this is wrong and that is wrong, the authority

',di] not take any step to rectify their own decision which was adopted

out of prayer made on 27.02.2015 by your petitioner no-1 as well as

prayer made on 11.09.2015 by the Ld. Advocate of the petitioners

requesting to de-novo the decision of transfer of ownership of vehicle

as because no proper formalities has been made nor any confirmation

was taken but believing that the respondent can supply Form 29 and

30 Under Central Motor Vehicles Rules and after signatures supplied

by the Finance)) Bank further signatures can be made also believing

that a deed of agreement is deed of sale where no witness no

identification of signature is required and also supporting that

without compliance of section 48, 50 of M.V Act 1988 and Rule 51 (1)

(2) (3) the sale proceeding will be final without giving chance to

personal hearing of giving priority of the principal of Natural Justice.

They can easily de-novo the proceeding which the authority can do

easily by hearing made on 26.04.2016 but without going in to issue

they made jumping from prayer of representation of petitioners.

The copy of RTI application will be supplied at the time of

hearing if it becomes necessary,

26

Your petitioners state that unless necessary order is passed by

the Hon'ble High Court directing the respondents to take necessary

steps not to giving effect the order passed on 26.04.2016 as reflected

in letter dated 02.05.2016 and not to giving effect the transfer of

ownership of vehicle by considering the grievances of the petitioners

afresh, the respondents will not take any steps in the matter whereby

the petitioner will be suffering irreparable loss and injury.

30. Your petitioners state that the respondents are supporting to

earlier doing have been acting in contravention of the central policy

reFiceec, in Central Motor ',debacles Rules 1989 as well as provisions

of 'Victor Vehicles Act-1988 and West Bengal Motor Vehicles Rules

1989 for which petitioners have been sustaining irreparable loss and

int urn.

31. Being thus highly aggrieved by and dissatisfied with the

arbitrary whimsical and discriminatory decision/impugned order

dated 26.04.2016 as reflected in letter dated 02.05.2016 of Regional

Transport Officer MV department, Purba Medinipur, which is itself

not any decision or order but vehemently supporting the illegal

activities of respondent no-5 and 6, without following the procedures

%aid down in tatute, without following the principal of natural

justice, your petitioners beg to move before your Lordships under

Article 226 of the Constitution of India on the following amongst

27

GROUNDS:

For that the respondent authority acted high handed in

manner to repeating their illegalities, without taking

conclusive decision the respondents disposing of the

representation in only observations, to supporting their

arbitrary and whimsical decision which was taken without

following procedure laid down in Act and Rules but to give

priority the respondents give indulgence upon some alleged

documents which has no documentary value in the eye of

law.

IL For that the action and inaction on the part of the

respondent authority to take steps for consideration of

prayer of petitioners dated 27.02.2015 but without taking

decision as per representation the authority take measure

how the earlier order of transferring can be supported by

subsequent developments, in the matter for de-novo the

process of change of ownership which was based upon

wrong documents is highly arbitrary,

rnoilvated and vindictive in nature as such here it is

required to be interfered by This Hon'ble Court for interest

of Justice.

111. For that the respondents rook a step after order of Hon'ble

High Court but without taking reason decision they trying

L.

sage :he earlier order which was taken after adopting

pith ti rein guaranteed by Statute nor

stich , er was made by the petitioners on 27.02.2015

as well as 11.09.2315 in regard to alleged transfer of

toy which the petitioners have been

ng to a stent.

For that the act and action of the authorities to transfer

W:13-701k-3379 was/is under

ci earlier officers of -respondent

authority an g to fill up the loopholes after

le High Court, Calcutta taking

:sui siert a ateline:tits which is procure presently by

way of considerat;on of prayer of petitioner dated

11.09.2015.

the is failed to take decision in

consideration prayer of petitioners as because the pro

repert was before the Learned ACJM Haidia and

g hut failed to calculate the

nsferring of vehicle which was

based

Vire n process and relying upon wrong

sc.) decision of transferring of vehicle as

well as subsequent i port and decisions.

29

VI. For that the decision of registering authority for

transferring the vehicle of petitioners by relying upon

wrong documents, violating the provisions of the Motor

Vehicles Act, 1988, Central Motor Vehicles Rules and West

Bengal Motor Vehicles Rules 1989, so interference of

Hon'ble Court is necessary for de-novo the said

proc eedi r the fair justice.

VII. For that the respondents should have decided the issue by

passing a reasoned decision considering the representation

of your petitioners deciding that the transfer as made in

favour of respondent no-6 is appropriate or not and to

giving effect to transfer of ownership the procedure of CMV

Rules, M.V Act and WBMV Rules has been followed or not

so the decision without decision is bad in law and to

bypass the prayer of petitioners they might be connivance

with respondent no-6 to transfer the ownership of vehicle.

VIII. For that the respondents should have considered the fact

that the petitioner were not reporting to transfer of

ownership of vehicle so they must call for before transfer,

where they were not called for was not recorded or decided

but after Solemn Order dated 18.01.2016 the respondents

truing to collect those things which must be in record of

transferring of vehicle to repair and support the

30

respondent no-6 so the earlier decision of transferring of

vehicle as well as subsequent decisions or reports are bad

and illegal and usufructs of a wrong doing, so the

decisions may be quashed or setting aside.

IX. For that the respondents acted illegally and arbitrarily in

not passing any decision nor considering the

representation of the petitioners in veil of earlier report

which was made after transfer of vehicle but not giving

respect to section 48, 50 and Rule 51(1) (2) (3) as well as

other norms and guidelines, which was made in shape of

objection dated 27.02.2015 against transfer of ownership

of vehicle before registering authority and other

respondents.

X. For that the respondent authority was showing their

powers and arbitrariness transfers the vehicle in favour of

respondent no-6 without completion of formalities as

stated in Motor Vehicles Act-1988, without following the

rules of WBMV Rules 1989 and on 26.04.2016 when those

points are disclosed the respondent authority failed to

accept the same and have bypassed entering in different

issues, are bad, illegal and vindict in nature.

XI. For that the respondents failed to determine that what

wrong has his earlier officer done to transfer the

31

ownership of vehicle without asking any question and

without verifying police record and without verifying the

money receipt (if any) but do the transfer and presently

without recalling the same they further supported that

wrong doings.

XII. For that the respondents failed to show their regard in

present Act and Rules as well as Order of Hon'ble High

Court but- supported to the officer who made illegalities is

amounted to cancel the transfer of ownership of vehicle, for

interest of justice.

32 Your Petitioner states that unless necessary order is passed by

the Honble High Court cancelling the transfer of ownership of vehicle

WB-29A-3372 and directing the respondent to issue fresh certificate

of registration of vehicle the respondent will not take any steps in the

matter whereby the petitioner will be suffering hardship and

injustice.

33. The entire record relating to this matter are lying in the

appellate side jurisdiction of the High Court.

34. Your Pehtioners state that against the self same cause of action

Your Petitioners have not filed any application before other

authority except this writ Petition.

32

35. This application is made bonafide and for the ends of Justice.

In the above circumstances your

petitioners pray before your Lordship

may graciously be pleased to issue:-

a) A writ of and in the nature of

Mandamus commanding the

respondents, their men, agents,

servants and subordinates to take

appropriate steps to cancel the transfer

of ownership of vehicle No. WB-29A-

3372, (Truck), as the same has been

made by violating the prescribed Rule,

practice and procedure, and to act in

accordance with Law;

b) A writ of and in the nature of

Mandamus commanding the

respondents, their men, agents,

servants and subordinates and

particularly to the Respondent No. 5, to

submit all the documents regarding the

vehicle WB 29A 3372, as appear from

The order impugned, to know the fate of

the loan account, to administer the

33

appropriate Justice, and to act in

accordance with Law;

c) A writ of and in the nature of

Mandamus commanding the

respondents, their men, agents,

servants and subordinates to quash

and/or set aside the impugned order

dated 26.04.2016, passed by the

Respondent Authority of Purba

Medinipur, communicated by RTO

Purba Medinipur, vide Memo dated

2.5.2016, being No. 3728(3)/(MV) ,

1 being Annexure (Mt), of this application,

and restore the certificate of ownership

of vehicle No. WB-29A-3372, (Truck), as

would appear from the document dated

20.02.2015 (Annexure P..12-.), of this

application, and act in accordance with

Law;

d) A writ of and in the nature of

Mandamus

directing the

respondents their men/agents/

servants associates subordinates not to

34

giving effect the transfer of ownership of

vehicle being WB 29 A 3372, and take

the custody of the same from the

private respondent, forthwith, and to

act in accordance with Law;

e) A writ of and in the nature of

Prohibition by prohibiting the

respondents their men/agents/

servants associates subordinates not to

use the vehicle (Truck) being No. WB

29A 3372, by the private respondent till

the disposal of the Rule, and to act in

accordance with Law:

f) A Writ of in the nature of Certiorari

calling upon the respondents to

produce all records pertaining to the

ciause of the petitioner before the

Hon'ble High Court so that

conscionable Justice may be done;

Ride in terms of the prayer (a) and (d)

lib()

h) Interim order directing the

respondent Authority to take custody of

vehicle bearing No. WB-29A-3372, so

35

that un-lawful activities of the

respondent authorities should not be

continued for a single day;

Ad interim order in terms of

prayer (f);

Rule be made absolute if

respondents fail to make show cause or

insufficient cause has been made;

k)

Cost Pertaining to this application;

Pass such other or further order or

orders and/or direction or directions as

your Lordship may deem fit and. proper.

And Your Petit:oner as in duty bound shall ever pray.

This is to certify that the Petitioner No. 1, has duly been authorized to singe this application for the Petitioner No, 2.

SK S.

Advocate. •

Peedol

26 r • (4

Soler:: my atIL On this Ire

rfore tar,. ay of May, 6,

s

Diairttrtal;,r.scri «istirrr 1 age _bout 47-years, by

1 di U3 R du b) occ-pration Business permanently residing at

Virlagcr Wicsti tarn 111;IV, Post Officre:- m i ce Station:-

3B frta, i'lJa 721658, do hereby

solemartr affiw a:s

1. That t an one of the >» m y authorff,ed by my

well acquainted with the facts

arld cawu stances of rim at-Bs- :1 am competent to affirm this

da

e ivfnarcapi-B; 7,3: 15-17,

a those contained in

oaraav> Id 26 are the matters

ttl- Learned Aorvocate.

is before this lionlie Court,

Prftprar

SK Advoc ate)

mo4J-atRot Deponent is known to me

gcLiAincm,e-e tie,"Act4_ Clerk to Si< Santini Akhter

Advocate

Commissioner of Affichivi,

High Court, APPellaW 4111 Calcutta

KW AL

9 CERT]

etKi'm 1. Registration Nq.

2. O.

Previous Regn. No, if any

Owner's Name S/D/B/H Name

00 Full Address (Pennarienty

0:) Full Address (Temporapy3

Garage Address

6. Specimen Signature of Owner

7. Class of Vehicle

8. Maker's Name

9_ Type elBody

)0 Year of Manufacture

No. of Cylinder

12, Chassis No.

13. Engine, No.

j1 Horse Power

Smiling Capacity

16. Wheel Base

17. Registered Size of Tyres-Front Axle Rear Axle Any other Axle

lic al stored Axle arow Axle Rear Axle Any other Axle

19. 20.

Unladen Weight

21. Registered Laden Weight Registration valid up to

22 23.lhx Paid up to RitiLease agreement with

Address

24. Specimen Signature of Financer ,r

I 3

c ght

IT

age cc

133 9194iinvaidl as

748riliari337

Annaxure— to in par gran

fOreg g Belau- Mbraed ••••

1610:lef ae,111-a-VIt

ly11 COLIC a', sqlka w Sib.

CiatOlta

ITH INDUSINQ SANK 717 KC L KOL Wo011

ItemPolicyScheduleCuniCertiticateForMotor

t 4--, Chola MS GENERAL INISNA rE Policy Schedule Cum Certificate of Insurance

(See Rule Si I Csnsral mow. Vehicles Rulse, 1989 or Motor dehrsies Act 1C8.6 )

219,1519,!1181161

Page 1 of t

)., i Lover Note Not EbbiLb4.1 Policy Numbe 3381/00366793/000 00 Gust roer Code: 10 4972504 Policy Type:Liability Only - Goods Carrying Vehicle N rile IA Comn inication Add rev - RIDTUT AND DCBAPRASAD KOTAL riam..D.naUli,KUSRAFIATF. ADANA -A ,SLITAHATA S.0,EAST MIGNAPOR ,WEST 6ENGAL,PIN - 721 635 M6E:is- 9 733468090,LO nallne - -

Registration Address: MOTIRAMPUR,KUKRAILATI,SUTAHATA SUTAKATA 6,0,EAST MIONAPORE,WEST BENGAL PIN - 721E35

Mobile- 9733488090,Landlinex -

Certificate Number: 338 /00366793/000/00 Geographical Area: India Period of Insurance: From 14/02/2015 10:00 hours to mIdnic)fit 8 13/02(2016 Business or Profession: Individual

RTI ULF, s OP TN VENT LE INSURED Date of g ratio 22/02/ 0 Place of RegistrationITAMLUX Registration ark• B-2 -A 3372 Make: T TA MOTORS 1 odel: LPT I Versant 2518 TC IYearof Type of sod CK I Fuel Used: DIESEL inn:rine Nes TIA62079069 [Chassis No: T44804 AOSB30 Cubic Capacity: 5883 J Gross Vehicle Welght(GVW): 25000 I Public/Pr vale Carrier:PUBLIC Regi stration Mark(Trailer)- Contract No:- Licensed passenger Carrying Capacity:2 i Driver & Others:1 I Cleaner:- Co: dug-taro Total Seating Ca,acity Includl q Driver-3 I Ch ssis No:gra:let-

My (Insured Declared Value) ii,Falue of Chassis {Rs): 0.00 Vnalof Cody (Rs): too For Vehicle (RS): 0.00 For Trailer 1-7TZWI 1 on-Electrical Acce sor ea (Ks), 000 I 51GO:car/Electronic Accessories (Rs): 0.00 Value of CNC/LPG-Kit (las) - 0.00 Total Value (Rs): 0.00

A.DWN DAMAGE B LIABILITY SI NOV(

Person IM1 Premium (RS) SI No.of

Person 4MT Premium

(Rs) TO/AL 00 Basic TP 16,471.00 TOTAL(A) 00 Legal I tabilty to 40 50 00 Bone Bt no

Opt:IMT No Premium

(Rs) Cleaner I. LL to Paid Driver 1 40 50.00 E.OTHER SERVICE CHARGE NON PR WI TOTAL 15571.00 Chile value added servrceS D08-

16,571.00 TOTAL-OMER SERVICE CHARGES NON PRRMIUSI),Ei li

20

TOTAL PREMIUM( B) C.PERSONAL ACCIDENT COVERS

TOTAL lo REMIUM(C) 0 0 TOTAL 6+C) 5 .00 TOTAL LIABILITY PREMIUM 571.00 SERVICE. TAX 1,98830 EDUCATIONAL CESS Eig.00 AMOOHY COLLECTED 18 619.00

LIMITATIONS AS TO USE: The Policy covers use only under a permit'witln the meaning of the Motor Vehicles Act, 1 86. falling under be Sub sector 3 of the section 66 of Motor Vehicles Act 1E88. The Pol

oicy covers use of the vehicle (or any purpose other than: a) Organised Racing b) Use while drawing a Trailer, except the towIng(oll er ham for reward)

or any ne iSabled mechanically propelled vehicle el Pace Making. d) Reliability Trial e) Speed Testing 4, Use for carryi g passengers Inv hie emextept empinyees not exceeding the number permitted in the repistration document and coming under the purview of workmen's Compensation Act 1923 DRIVER CLAUSE: Any person Including insured previa ad that a person driving holds an effective driving license at the ime or the acclde t a d is not iyydnaldied Gam holding or obtaininc such a license. Provided also that the person nolding'an effective learner's license relay also drive th e Icie and that syyscisoe, saIishes the requirements of RnIe of the Central Scoter Veh des Rules 1989. .I91115 OF LIATILITY: Under Sod ion II 10) of tire Policy - Death or bodily injury such amount as is necessary to it et the requireme LS of the flotairj Volac'e AG, 198E under Seerion II 10) or the Policy Damage to Third Party Property Rs] 50,00000 Cover for the Owner corn Driver Under Section Iv (CSIG Rs.0.00 Subject toI.M.T.Enda Nos. and Memorandum: 21,40

Coverage Under this policy Is subject to realisation of premium cheque(s). Incase of dishonor of cheque(s), no separate Intimation will be given and the pal stands cancelled from Inception. • The policy wording with detailed terms,conditions,warrantles end exclwAlons are available On our WebsIto wWw.cholainsurance

rcom Date and SI nature of the• ro• osal 13/0 015. In witness where of this Ire has been ned In lieu of the fever Note No.:- D9te•- a mantles: This policy Is preceded by break-In Insurance and hence It Is expressly agreed and understood that there will be no liability for ioniage that has occurred prior to the dale or commencement mentioned In the schedule

Intermediary Name: CHOLA INSURANCE SERVICES PRIVATE LIMITED Code: 20 (1572 2931 73

chs6Nsd Date:14/02/2015 Receipt No: 1004185030 Receipt Date:09102/2015 For Cholamandal rn MSG

TaMir Nadu dated25/08/2014. Consolidated Stamp Duty Paid Vide OD. Rt No.C.ONo.389,Cominerclal Taxes and Registration 01) Department, DU

L

;

-L4

tl

p9Id`

rg7jt

...121e-(6e" /li

)

PAN No,: AABCC6633K Service Tax No.:AABCC6633KST001

/We hereby certify that the policy to which this certifmate relates as well as this certificate of Insurance are issued in accordance with the o hooter X and chapter XI of the Motor Vehicles Act, 1998. [NOR NI NOTICE: The insured 6 not indemnified :li the vehicle rs used or driven otherwise than in accordance with this schedule. Any payment made by `de cympany by reason of wider terms appearing in the Certificate hi oroer to comply with the Motor Vellicte Act, 1988, is recoverable hum the insured. See

II or Lnicomation/Cialrns; Contact Toll Free Del pline at 1800 200 5544; SMS "CHOLA" to 56077; For CARE contact 3800103 5354; .o.- maid custonrcareSSeholams.msruz2rio.com sysyvviehisIninsvrance.com

Choftimandalam MS General Insurance Company Ltd. Resd.Ishead Orrice:Dare Howax,2no FloonNo.2,11.5.0 Bose Road, Channoi-600001, India!

10.143.172.15

CHOLANIANDALAM MS GENERAL INSURANCE COMPANY LTD 2nd Floor, Dare House, 2 NSC Bose Road, Chennai 600 001 PAN AABCC6633K

T +91 (0)44 3044 5400 BUy/RenewinsuranCe at P +91 (0)44 3044 5550 eltelainsurance.com

Sipeeturo Impression of the Complainant /Informant

trwisferrod to P. ° on pelt ofJurlsoiction FIR read over to theComptehe . Intrantant admitted to he corroorty recorded and 0

won to the CoMplaeant/Infotment free of cos). 0.-4.),._

Signature °Pike Office-In-charge, Police Station with r Name -t-r C"I" Set 4L.1

Rank ..Z.4.47 C.P.y Offitcnentg01)9.

&statists PS Purba Medinipur

eg erlhe caseend took up the Investigation/directed ....... .. • 47 VA

... h•••Ay ' to take up the investigation

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FIRSTINFIDRIAATIO,r4 EP,OR SEEN

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CERTIFIED 70 BE A TRUE COPY (Authnrised IA 76 Act of

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1^-. .CHARGE 65."\"4A.cct E4 mET:;10URT. RALDIA

g- / ,

ki

pooleitoOM

To Translate Copy

The 0/C

Sutahata Police Station

Sir,

I sri Bidyut Kotal son of late Susanta Kotal of village Motirampur, P.S:-

Sutahata, Dist:- Purba Medinipur is my permanent address.

We, alongwith my brother Sri Debaprasad Kotal is owner of a ten wheeler

truck, bearing registration No WB-29A-3372 Engine No 11A62979069,

Chassis No MAT44804581A01830. Our known person Sk Masud Alam

son of Abu' Kalam Azad village + Dhekua, P.S;- Sutahata, Dist:-

Purba Medinipur, lent the said vehicle in monthly rent (monthly

Rs_40,000) three months ago with all documents arid he took it but no

rent was given nor give return the vehicle either me or my brother .today

i.e 20.11.2014 at 4=30 afternoon I and my brother seen the vehicle at

Sutahata Bazer and tried to restrain the same then Sk Masud Alam, with

force, not to allow in vehicle but go forward towards Durgachak. We

become tensed and puzzled. Sk Masud Alam also stated that he will not

return back the said vehicle, We can do if we tried too. Sk Masud Alam

have been taken advantages of our simplicity and cheated us. We are

presently in great danger.

Thus, we shall be oblige to taking action to get back our vehicle WB-29A-

3372 in our custody and will punish Sk Masud Alam due to cheating us.

Yours" Obedient

Bidyut Kotal

9. Particular of properties stolen / involved: (Attach separate sheet, if required).............. ..............

. .......... V .

............ .

Lit ci

02y FIRST INFORMATION REPORT

information of a cognizable crime reported under section 154 Cr. R C. At P.S.

1. DISI ..3.011m,..NaCt..Sub-Divnlievieth P.S..P.4$4,0)9!(„year....gdAk FIR No Date ,, d. .......... atzliti 2 0 Act ;ai Section ihti'VY ii) Act 9434 iii) Act x Section x iv) Other Act & Sections Section 3.a) General Diary Reference : Entry No. /4P

Time ......... '. ... .g.ff.ffff.:fint. 4

b) Occurrence of Offence • Day ' rthlenk. Dater 4,/ T, c) Information received Date r?Qp.xiiki Time Rhii Time

G a No rig 4 ?%9.ric.4 4. Type of Information. Written /Obed ea-vial-id— at the Police Station

5 Place of Occurrence a) Direction and Distance from RS—Aiwa Mohr. .. 11:A ................ .. .1-. b) Address quipet9rnthq> fl ,4 ,1,x, Pt- xzeta a k -Mb- R,44. rade c)

In cash outside limit of this Police Station, then the name of PS,

6 C District..

omplaint / Informant : .. .. , ..... . ........................ .„ .. 0.N.ii, .. .... a) Name . . Sit. Iv I a,n4 Mary

A. .1,4.N101)1 tp; Fatner's / Hushand's Name ...... 84,..../944. h(,),{fif4n„Aftd4ch .................................. .. tf'i.

a) Nationality ,,.. ryOos'

cl Date) Year of Birth.... .......... _ ........ ................... . ......... . .................................... . ...........................

e) Address...44tipaittc„Wi.M.64):).../4S$43 aigif.i..favbikalkiiamd: ...... , ............

.. i . 7.

Details Known / Suspected / Unknown / Accused with full particularsG incird. /tied $s) 4144,44,,c (Attach separate sheet, If necessary) keiiiiia 40( $/e Ad' ill."0

40441- ;bid 5, Noratduir40 £ - 8

Reasons jor delay in reporting by the Complaint/Informant.4)(kokilcis....atatalki4.4faLiamzep

1602

10. Total value of Properties stolen /Involve 11.Inquest report / U D. : Case No. If any; 12

MR Contents: (Attach separate sheets,

Megthel e atith,aeroe 4911%

I Durgachak P.S. 13 Action taken : Since the above report reveals commission offence(s) u/s: aRi

314f.iD24/4 104)./.eci ....

ist.- Purba Medinipur

.................. .. , ..... .. ......... . ....... . , ............ . ...........................

register the case and.4e,e,ittrp-the-49,yeatiga on/directed ............ . . . ..... .. ......................................... . , $1.1 $ ei 7ffwie i

....................

sferred to P.S. ........... .... . ..... ., .......... . ..... on point of jursd,ction FIR read over to the Comfract.<1

to take up the lnyestig ' ,), format admitted to be correctly recorded and given to

ll he Complainant/Informant free:yktr )4 oil- islijciith39).) Co 69 4. eZt

.474 I 1 Slait‘ebil til \ P

NaMehgD,<.47/PPiV.T.E.....2(2.P.D.a .. At .. ...... ..

Signature of the Office-in-chargerPS iWisucis with Sidhature / Thumb Impressio ' I Oank 'W. onkel...In .ch4r

.. ....Q,?..Pows..ta.E.P.icg./n.:.64.84 the Complainant/Informant t , ourgachak g§, umber, if any.. ..... ,,Diali.11-,CliiAkE4 ... . ................

Ir Met.. Purba Me411i1Pri

a 41 tzlis,

i>5112-Y1

offiCet-giVare

d: ... . ............................ , ......... . ...... .............. . ................ • -- ..... ........... . ....................... ..; .. ..... if required): ... ... ff741irffirThr .. Jzr

"

: Zd

I, SK MASUD ALAM, 5/0:- Sk Abul kalam Azad, Residing at Val.:- Dhekua, P.0:-Dliekua, P.S.:- Sutahata, Dist,:-Purba Medinipur, At present residing at Vill.:- Durgachak Uttarpally, P.O. St P.S.:- Durgachak, Dist:- Purba Medinipur, W.B. stated as follows:-

1. That I am a businessman and I am residing at above mentioned present address since long.

2. That I during my lifetime I earns a huge social reputation in the society and I am doing my business in an honest way.

3. That the below mentioned person is a very violent, criminal and cheat minded persons. 4. That I am a simple, honesty, peaceful minded and law bounded Person. 5. That both the below mentioned named persons were brother in relation and they were a

registered owner of a vehicle vide registration number no.:- VVB-29/A-3372 and the said vehicle is a TRUCK ten wheeler and it is hypo.

6. That on 17/10/2012 both the below mentioned persons were intend to sell their above said vehicle due to their financial inability and lack of sufficient fund intends to hand over the above said vehicle to me and though there is no other suitable property for fulfil their

tt' needs.

rtE

07. That after receiving their offer I have accept their offer and shown them my interest to buy their above said vehicle then they fixed the resale value of the above said vehicle is of ct.

1.) tv

Rs. 3,00,000/- (Rupees Three Latch) Only. td OS. That after heard the above facts on 17/10/2012 I gave them an. advance sum of

g Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) Qnly,.and I have undertake that I will be paid the remaining sum of amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) Only on 26/10/2012 and after giving the said amount I will be got the above

/t," said vehicle. 9. That finally on 26/10/2012 I have gave the whole resale amount to the both the below

named persons and after that they handed over their above said vehicle to me in presence of witnesses.

10. That at that time it was also fixed up that I shall be paid all the remaining dues installment to the Indusind Bank linaucer for making the above said vehicle free from hypothecation, and it was also fixed up that the below named accused persons were undertake that after received the No Objection certificate from the concern authority then they will be transfer the registered owner's name in my name.

11. That as per the above condition I received the above said vehicle along with all the papers relating to the above said vehicle and after that I have gave the all the dues installment to the Indusind Bank Financer due time.

12. That after completing the all dues installments of the concern authority which are been paid by me, when I went to the below mentioned accused persons and asked them to transfer the registered owners name in my name then he gave me an assurance that he will be do the same as soon as possible.

Cont...P/2...

{ A

0 0

0 tri • co

-er 05 g , o et -

.SW w as T.,

z,)

mt

To, The Officer In Charge, Durgachak, Police Station, Ptirba Medinipur.

Sir,

2) 13. That after passing lots of time period un

(P/

fortunately the below mentioned persons were not do the transfer of ownership till today and finally on 19/09/2014 at the super market complex when I saw the below mentioned persons then I have request them to do

transfer of registered ownership in my name as because they sold me the said vehicle then they were became too much egger and told me that they will never transfer the registered ownership in my name and after heard that I gave protest this then they were started assaulting me by different way and due to this assault I sustained some injury over my body and after hearing my hue and cry some local person came to me and after seeing to came them they were ran away.

14. That after that I have been treated by a local doctor.

IS. That in the above premises due to the above types of works of the below mentioned persons were cheated me with intention to fall be losses, and I faced a lots of financial problem as I have paid the whole sum of amount by doing very hard work.

So kindly take a necessary legal action against the below named persons, by which I got justice as per law and I got the above said vehicle ownership registration in my name and I wish that I will got

full co-operation from you. Thanking You

Date:- 03/ 12 /2014 LIST OF ACCUSED PERSONS:-

1. B1DYTJT KOTAL. 2. DEBAPRASAD KOTAL

Both are 5/0:- IA. Susanta Kotal. Both are Residing at Viil.:- Motirampur, P.O:- Kukrahati, P.S.:- Sutahata. Dist:- Purha Medinipur.

Details of The above said Vehicle.-Registered Number:- WB-29/A-3372 Engine No.:- 11A62879069

Chassis No.:- NIAT4480451A01830

Your's faithfully

SK MASUD MASUD ALAM. S/O:- Sk Abul lcalam Azad,

Residing at Val.:- Durgachak Uttarpally, P.O. & P.S.:- Durgachak,

Dist.:-Purba Medinipur, Pin.:-721602, W.B.

S-ZI-fit 5 `71-11/

West Bengal From No. 4705 Financial Rule From No. ID

Received fitiP/21.34.q64

The sum of Rupees(s) ................................. .............. .... " ............................... inctrect Forty Only On accountPdFleilirdited t

I. Particular afrotee Amount Fine Parteular . Rs.....,,,. 'tn; iscuetti% .................... ....... 20

'c'Jg .......

2. 200 00

Cashier .. ...biswaranjan . ........................... Registration No. : ............ INI323A 3372 ...........

S'wnalure ..................................... nnelminfi,n

23-7-Gb-2018 14:14:33

Amount Fine

No. RECEIPT FOR PAYMENTS TO

GOVERNMENT 02440.67 (See Rule 2B, W. 13. F. R.)

OFFICE OF TUEOVERNAIENT OF WEST BENGAL

Dated the: DISTRICT MAGISTRATE, P URSA MEDINIPUR MOTOR VEHICLES DEPARTMENT

Annexure. . ............. . lo in paragrap , for9go g.Rept on affiimed

on this.... . _Day Or.79y}6

Comairsvoner of Agleam High Court Appellate Side

Calcutta

Fee Re 200/. /- VIDE DR.No. 202

Dam

DATE 010-Feb-2015.

Mena

/fe

VEHICLE PARTICULARS

Registration No WB29A 3372

22-Feb-2011 Registration Date

Previous Registration No:

Owner Name

Permanent Address

SWOT & DERAPRASAD KOTAL

MOTtRANIFUR KUKRAMTI

Vehicle Class

Vehicle Maker

Body

Year of Manufacture

No. of Cylinders

Chasis No

Engine No

Horse Power

Seats

Unladen

Laden Wt

Registration Valid UpTo

Tax Cleared l.lpTo

Tax Token No.

Color

HEAVY GOODS VEHICLE

TATA -TATA MOTORS

TRUCK (P SIDES)

oi/2011

6

MAT448114.5111A01230

iii$2979069

180

3 (including driver)

6760 kgs

25000 kgs

14Feb-2015

21-May-20.15

80264658

ZROWN&WHITE

Bharat Stage411 Norms Insurance certificate/Cover Note No. 8032100010

1

Valid from 10-Feb-2015 to 20-Feb-2015

Issued by LANIANDAL.AN GEN, INS: Cl.

Notes The vehicle above described is subject to HIRE PURCHASE WITH INDUSIND

BANK LTD, KOL, KOL, 700D17.

Annexurela-to in paragraph forewing)ctntion ed by.. tasits te

op this

Commissioner of Affidavit High Court Appellate Sidi-

Caicutla

To,

T. The District Magistrate, Purbe Medirlipore.

2. The Superintendent of police, purba

rat 12 ,2) & p. o- Tornink , 7 216 36

Dist-purbot ttlediniuur.

3. The Officer in chorale, SuctahactO, P•

at P.0 & p..^,_ Su tahroba , pin- 7 216 35

Di to t-pu rb Medinipur.

224to degionpl :1.rn atter.

ininsind Sank Ltd. throarly arta

1'41k:rte.- 700017

5. The Branch Numb:Per

train ol and Sank td 1"did .OPIP) c

2.o S 7. tak

5. tnho 0 gen oh Mena:Ter

/nrinslnd blank, lb:lain branch

Lt PCLICICATUr

7:11:112 an chnL-7 216 0 2

Ditt-purba idedininu t.

Sir,

311.th due rork ..t Tbog to rotate,

°Oral , the

(rleavp Coo vehicle) being

7 2, Channis no- PI.A32,1400 45 212A0 18 30, 4

-oration no- h3-29A

Engine no- 11.3.6 2979369.

crant.3452• • •

(2)

2. That I gave my vehicle on monthlor biro basis

G Ps. 40,600/tr(Pourty thousand) to one SK, Masud Al an nio- Abut Falco Azad, vill psis- )hdcua, pas- attahata

Dist-parba Modinieur.

Se it noted here as a Friendly relation was

going in bei-aria the undersigned and said Sk. Masud Alan

as such there :as no written agreement nor any receipt was

issued to that effect.

It is 2author noted here , out oni said sum of L.

40,600/a the monthly instalment C as. 37,710 w to pay by

said Sla Masud Alms and the rest mount of 2.260/a was tro

pry to the 'under signed by Said Sk Masud Alan.

3. That Es tamslly said Sh Masud Alm Committed Criminal

Breach of Trast t. act or Cheating ass such I lodged

complaint a Sutahata p. s on 21.11.2014 and accordingly

sartahata 12:es case no- 320/14 dt. 21.11.14 u/s 406/420

I.P.0 has been Married against said Sir Masud Alan.

4. That tho 2. Samir 1 r Aich) (of - Sutahata mac)

I'MCF: entrusted 11w:sat:Mating ofiricm by the 0/C,

p.s-

5. That said. Sic. Ma am in allusion with the said

I.0 Pr :Cured en Ayro=ont dated -nil on which our

seandtart ss were Po rued and no signature of any Advo cote

is there, which vas armored by said 1.0 in his report

sit. 12.02.2015 to the td A.C.J.M Ha/dies in WW, Sutahata

rmms case no-- 420/14 at. 21.11.2014 and practically no

...;stones orb such Acreamant at all.

con t.p/3„

51-

( 3)

6. That on 20.0 2.20 15 by depositen0 proper fees to the

;rotor vehicles Dent C/o- District Magistrate, purba

aleclinipore(Tarlun) (Vide receipt no- 0D.26 466 4 (3t. 20/07,/

2015) I obtained 3'g.b.i.r.7.Q.5)..a.x.-tia4S:.2.tu wherein my & my

brother's nen has boon rioted as Omer's name in the

cortleralbatO and in the seat Keiti tS. o Qs-Vs ;wiz the reference ea riaie cha p an/receipt has been mentioned , And

the sem has we issued by lamionsl Transport Authority, raiz!, a. Welinisora(TeraulW .

7. That Curiously enough on 23.0 2,20 15 the said Authority

s ou ed One rti2iele era said vehi e rein

The_ sat.; ci(341.221k.rece_ip:Idaril_haz12ean mentioned and two

Points have been omitted.

S. That the latter one /i .;urea on 23.0 2. 2015 is ¢orged one and to ib, L11.10 Yblel forgedp arta oul ars said SE. ifi.taud 2i Fa The :D l'ir4 C):1 71:i car Ernd 1 int staffs arc involv cdpc

by 71 2):111: briblibl 81 con spi racy for their bintbic, gain they the scree.

It is further me ned here that on 21/0 2/ 2015 & 22/0 2/ 2015 tiers Sa nday & Sunday respectively 1.c be re heliclaye.

Whereas on 20/0 2/ 20 15 the part: rul ram shows the

awes of our nwaos as owner but after crossing tWO

holidevs ( 21.0 2. 20 15 &• 22.0 2.20 15) on 23.0 2. 2015 the

b ern( id. 1 ars s tar. -he arc 21, as own er end hx:;th t h".

.0 cam on tsdated 20.02. 2015 & 23.02,2015 based oh sire to . , and a great-44 play has done there.

cont. p/4..

(4)

T, therefore, re:Ingot you to loch into the

natter pronerly by. tg 01:64encluil7 end 'en

detect the wrong ej otts and to take proper

tOPS P..1110t r.). 0f thaw

Thanking you Yours goithfully kale"(

atncl 27/D 2/ 2015. t a

Sri 9ilyut En elo ures :

S/o- Lt ai enta Kota). I, ;aerate. coot Yttia

v i 11 So tir emplir ;WTI-00M Cant at

p.o- 2. Xerar: copy of °hall rri alt.

Di at-purha Medinipur 20.02, 2015 (no 0826 466 4)

Tin‘ 721658. 3. Xerot cony of T ehl e

Cin .17:7S at. 20.02.2015

4. Xerat COM' 0:if veil, Cie

p arta. col era it. 2310 2. 2015.

Copy to r:

thocty

Degion al Trinsoo L. Au tho ri

on egg Medinipo re at Tamluk7 216 36.

FRAC: ARIA INSTITUTE tP A, I ilAP596'i1 I Fax 9/1 I 21 Counter 1-40:1,1:4-Code:01

To:REGISTERING AlfTHORIT,TAIIITK NIA, PIN:72163e

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RAD INDIA !WTI RITE EF TFCINY

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lo:g',F1PEKIII14401•TE InthaPost

TOLLIK, PIN:721636 Frot:BIDUT KOTA_ , 141:0914:41 Ct:40grarrA,

A0,1:30.05 ,'27/02/2015 , 14:29 <grad< on moes.indiapost.gomn0>

WIZ&M 1'1 % 121 161' V: 61, .1 ;22' PAD RALDIA II431ITIRF OF

Cortter „M-Codet01 To:OiC,5111MITAP/S Indi¢ase

afiArIATA, PIN:721635 From:EIDUT KOTAL RIMAPATI Ilt:40grams,

AAt:30.00 , 27/02/2015 , 14:30 e<Track co wAo.inchapast.gov.in>>

&AD TIALDIA INSTITUTE OF II1,15968 022 51,

Counter No:14P-Cocle:01 To:Ell,M4RIDIAFEFE

TOALLIK, PIN:721636 FrorroBTECTI KOTAL KLIIIRAMATI Lt :4k•raire,

Amt:50.00 , 27/02/2015 , 14:30 ,;Track Co ,4,44,indiarost.goy,in>.0

S0421610

IncbaPost

gams

S .'Santim Akhter

Calcutta s.e

Chumhrr 12 Old PT.( Olike SI.

Koraa - 700 MI.

N/lohi12 : 9830755169

Dared : September. 2015 1. The District Magistrate Purba Medinipur Ex-Officio Departmental Head of MV Department Purba Medinipur, office at Tamluk, P.O;- Tamluk, P.S;- Tamluk, Dist:- Purba Medinipur, PlN 721636. 2. The Registering officer Ex Officio Regional Transport Officer, Transport Department, Purba Medinipur At Tamluk P.0;- Tamluk, P.S;- Tamluk, D Purba Medinipur. PIN 721636.

My Client:- Biclyut Kotal and Debaprasad Kraal both are son of Susanta Kota' residing ast Motirampur, P.O:- Kuktahati, P.S;- Sutahata, Dist:- Purba Medinipur. PIN 721635.

Sub:- Demand to know why your good office did not hear me to transfer the ownership of vehicle WB-29A-3372 (truck) although you knows very well that the said article is in subject matter in P.S Case No Sutahata 320/2014. Dear sir(s),

As per instruction of my above named clients who Were jointly owned a vehicle WI),

I 9A 3:372 but unfortunately it was transferred without following the proper

procedure but giving priority, I have been requested to address you as follows:- it

That my clients were purchased a 10 wheels truck by taking financial

help of Indusind Bank Ltd Kolkata Branch. The said truck was

registered at your registering authority in favour of my clients jointly. ii)

In non able looking after the plying they think to handed over the same

with monitory support of their well known friends Mr. Sk Masud Alam. In the year of 2014.

iii) That the said handing over of vehicle was made without any documents

Mit when Mr. (Mum lIcled to pay the wages in Connection of vehicle they

are trying to take possessien the same but Mr. Alam did not handed over to return the vehicle.

iv) On 20.11.2014 my clients obstruct to ply the said vehicle but Mr. Alam

flew away from Sutahata to Dugachai Jurisdiction. On 21.11.2014 a

complain wts lodged by my clients. Proceeding started through Officer

c7

. Samim Akhter Chamber : 12. Old Post Urfa tit.

,AU ioale. Ko[Rata- 700 001.

High 'Court, Calcutta Mobile: 9830355169

Ref. No. Dated 111h September, 2015

in charge..Sutahata police station who transfer the case ecord to the

ACJM of Ha lc

v) All on a sudden on 21.02.2015 a letter was handed over to you to take

particulars in connection of vehicle and the same was done. The said

letter was wrote by one of my lid friend of Haldia Bar Association. It

was came to your knowledge by my client on that day.

vi) That surprisingly on 23.02.2015 the name of registered owner of the

vehicle was changed what process was followed was not clear to my

clients for which they seekes a report from you end but nothing was

disclosed.

la That to transfer of property Act if any Hamitic]) will be made must

followed this original owner of the said property. Such like that if any

transfer of ownership of any vehicle will be made must follow the

Chapter IV of Motor Vehicles Act along-with Chapter IV of WB Motor

Vehicles Rules-1989 by giving a chance of principal of natural Justice.

Here nothing was done(as per knowledge of my client).

viii) That the vehicle was hypothecated at Financial Institute and how they

gave no objection was not in knowledge of my client.

ix) In Lei. Court of Haidia it was found that you have transferred the

vehicle in favour of Mr. Alain who produced a sale agreement without

signature of mv clients bd. Advocates and other witnesses but you

relied upon that documents.

x) In transferring of any vehicle Form 29, 30 and Money receipt is

mandatory but my client stated that they never signed the same.

xi) That on 05.08.2015 you asked my clients to appear before

RIO for support their OR cases but when they present at RTO office

RTO stated that a wrong has been happened can be mutual by way of

SSC. S anti= Alchter

Chamber 12, Old Post ()nice St

' AM:pi:ate, Kolkata — 900001.

high Court. Calcutta

Mobile: 9830355169

Dated : I I'11 September. 2015

money. After hearing that they refused to that. proposal and left the

office Room.

So it is happened without hearing my clients by RTO Purba Medinipur

and total proceedings was happened behind and back to my clients. So

kindly cancel the proceedings of transfer of ownership of vehicle WE-

29A-3372 as early as possible, preferably within 7 days from ther date

31 receipt of this letter otherwise as per instruction of my clients I wilt

be bound to file a writ application against you bringing all the facts

before Honfole Court, without giving you further intimation.

In the above I am requesting you to allow the same immediately to avoid

further litigation.

Yours' Faithfully

1-,

Advocate/

I]; 1 'IL I'. L. on

4-9

DISTRICT - Purba Medinipur,

4-Istkv

r, J

c5

\--"1

Annexure....& to In paragraph.," fore rag Pehtion Irgtedta by..

on this ... Day oeStyo-616

oraclatot Comm High Court Appellate SIOF

W.P. No, 2 5-3 (W) of 2015 Calcutta

In the Matter of:

An application under Article 226 of

the Constitution of India;

AND

In the Matter of :

A Writ of and in the nature of

Mandamus and/or Certiorari

and/or any other appropriate Writ

or writs, direction or direction and

order or orders;

AND

In the Matter of;

Motor Vehicles Act 1988 and West

Bengal Motor Vehicles Rules 1989

subsequent amendment made there

under;

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE- SIDE •

AND

In the Matter of:

Unwillingness and reluctancy on

the part of the respondents,

Regional Transport Authority Purba

Medinipur in behind and back of

the petitioners, without servicing

any letter, without hearing and

without giving any scope to object

the documents which were neither

signed by petitioners nor do any

consent to sale their article WB-

29A-3372 but do the transfer of

ownership of vehicle;

AND

In the matter of:

Illegal and arbitrary act and action

on the part of ) the respondents in

giving priority to transfer an

ownership of vehicle Without

following the principal of natural

justice but giving indulgence of one

r

61

Sk Masud Alam' and his supplying

documents which are neither any

documents in the eye of law.

And

In the matter of;

The respondents shows hurried and

knowing fully well about pending

Criminal cases before Additional

Chief Judicial Magistrate, Haldia in

regard to disputed possession of

vehicle the respondents confirmed

the transfer of ownership of vehicle

in name of private respondents

without following the general norms

of transferring of any article

registered under present Act;.

AND

In the Matter of:

1, Bidyut Kotal

2. Dehaprasad Kota'

Son of late Susanta Kotal

Residing at Village Motirampur,

P.O;- Kukrahati, P.S;- Sutahata,

4

Dist:- Purba Medinipur PIN

721836. Petitioners.

-Versus-

1. The State of West Bengal,

represented by it's . Secretary

Transport Department, office at

Paribahan Bhawan, CTC Building,

12 RN Mukherjee Road, Kolkata -

700061.

2. The District Magistrate, Purba

Medinipur office at Tamluk, P.O;-

Tamluk, P,S;- Tamluk, Dist:- Purba

MediniPur, PIN 721636.

3. The Registering Authority, Motor

Vehicles Department, District Purba

Medinipur. Office at Tamluk, P.0:-

Tamluk, P.S,- Tamluk, Dist:- Purba

Medinipur:. PIN 721636

4. The Regional Transport

Officer ex officio Authorized

Signatory of Registering Authority

.63

5

M.V Department. Purba Medinipur

office at Tamluk, P.O;- Tamluk,

P.S;- Tamluk, Dist:- Purba

Medinipur, PIN;- 721636.

5. The Regional Manager,

Indusind Bank Ltd. Regional Office

at Park Street, Kolkata-700017.

6. Sk Masud Alam. Son of Abul

Kalam Azad, permanently residing

at village and post office at Dhekua

Sutahata, Purba

Medinipur, presently using address

viii Durgachak, Uttar Pally, P.O &

P.S:- Durgachak, Purba

Medinipur 721502,

N06,a °Ng Serial drR6Vbcare No illah(faemotee rePoraWrders or prp' °eating th

18.01.201 s.dae

47

W.F. 25322ff) of 2015

Bidyut. Kofal & Anr. Vs.

State of West Bengal & Ors.

Sic. Samim Akhter for the petitioners

Mr. Aural Kumar Ben, Mt. Bibekananda Tripathy for e State

Let affidavit of service filed by the learned

Counsel for the petitioners in Court today Abe kept on

record.

The petitioners have filed the present writ

petition for direction upon, the respondent authorities

to consider and dispose of the petitioners'

representations through their learned Counsel dated

27th February, 2015 as well as 1. 1 th September, 2015

with the prayer to the respondent authorities to take

step for cancellation of the transfer of the ownership

of the vehicle no. WB-29A-3372 in terms of the

representations dated 27th February, 2015 as well as

1 Ith September, 2015.

0 2

Noting by Off ce or AdvocateNo.

Serial (date J.otrite

portsN.Orders o preceedings wrih jOonap.ir Cr

Mr. Akhter, learned Counsel appearing for the

petitioners, submits that on 27th February, 2015 the

petitioners made a representation before the authority

to take step to cancel the transfer of ownership of the

above-mentioned vehicle--in favour, of the private

respondent no. 6. Since nothing was done, therefore,

the petitioners, through their learned Counsel, again

on 11th September, 2015, made representation before

the authority with the same prayer.

Mr. Sen, learned Counsel appearing for the

State, with his usual fairness, submits that the

respondent authority'' should be directed W coneicier

and dispose of the petitioners' prayer after giving an

cipportunity of hearing to' the petitioners alongwith

private respondent no. 6. '

Considering the submissions advanced by the

learned Counsel appearing for the respective parties

and after perusing the records, I am of the view that

justice would be subsery jed if the respondent no. 3,

Registering Authority, Motor Vehicles Department,

Purba. Medinipur, to consider and dispose of the

petitioners' representations dated 27th February, .2015

as well as lith September, 2015 after giving an

opportunity of hearing to the petitioners and the

private respondent no 6 within a period of ten weeks

on is disposed

-66-

from the date of communication df this order and

communicate the decision to the parties within a

period of two weeks thereafter.

It is needless to mention that at the time of

communication of this iorder the petitioners are

directed to serve a copy of "this writ petition alongwith

all apnexures to the rcspopdent no. $, the Registering

Authority, Motor Vehicles Department, Purba

Medinipur.

With this direction

of.

There will be no order as to costs.

Urgent photostat c9tified copy of this order, if

applied for, shall be given to ' the parties as 1 .

expeditiously as possibi on compliance ot *I er '''.

f ti't

necessary formalities. ;, 4 5

samapti chatorjee,-.1)

•

Ch 12,01d l'ost

Kolkals- 700 001

Mobile 9830355169

Dated, 20th January. 2016

'Sudo: As above.

To,

The Registering Authority, Motor Vehicles Departtnent District Purba Medinipur, office at Tamluk, Ex Officio RT6 Purba Medinipur office at Taraluk P S Tarruulc Dist - Purba IVIRinapur PIN 721636

Dear Sir.

Re:- W.P No 25322(w) 2015

Bidrat Kota' & Another

Annexure.y 7 ri to in paragraph.././..„— lore oing Petition 4ifired ....,c

on this

t

ay ofil..V4)426

6)/7;-----(

Sk . Sam m Akhtgr. Advocate, High Court, Calcutta Ref. No . ...... .....

Commissioner of Affidavil VS- High Court Appellate Side

0:situfro

State of West Bengal & Ors.

Enclosed please find herewith a copy of writ petition which was moveddeefore He r

Lordship thblion'ble Justice Samapti Chatterjee in presence of Ld. Advocate for Stat. respondents Mr.:AMal Sen on 18.01.2016.

After hearing both the parties Her Lordship pleased and pass an order wit! observation.

Her Lordship direct you to consider the representation dated 27.02.2015 alongw ili

demand nediett dated 11.09.2015 made by Ld. Advocate relying the documents of wry

petition, witlitin a period of twelYe weeks from the date, in accordance with law, up:

giving an opportunity of hearing all the parties, Her Lordship insiructed me suppi

the copy of writ petition which is do herein. The writ petition is itself explanatory facts

Her Lordship further pleased and instructed you to communicate the reasono, decision wit o weeks.

In the -Above circumstances r, on behalf of my above named clients (petitioners'

run ttesting you kindly comply the Solemn order dated 18.01.2015 promptly withoi

taking cause why and how the transfer of ownership of vehicle was done by yo.: without following the principal -of Natural Justice.

I have, instructed to obtain certified copy of order, which. will be supplied aft' obtaining but: the countdown was started with acceptance of this letter, treating valid service of gist,of order.

Kindly acknowledge the same and treat this as extremely urgent

Yours' faithfully Stc„, g AdvocatET,9 11.—

F-FOD gEaR EUILD1143 PO •C7QPX01::

[:tt.r i -b-cip1.0 1!:1,13.,FE5

z:f not

The Secretaiy, Regional Transport Authority, Purba Medi orrice at Taraluk, P.O;- Tamluk, Pam:- Po rba Medinipur PIN 7216.15, Dear Sir,

pm r

25322 (w)of 2015 Bidyut Kotal & Ant.

do th decitlful.

r faithfully.

Advocate,..-

Sk. Samim Akhter Advocate. br “"r1 Cuuri . C tYL,1

Chamber 12, Old Post Office st.

Kolkata — 700 00] Mobile : 9830355169

Date : 09.02.2016

State of West Bengal & Ors.

pp w-;

The copy of Writ pet tiou

been taken it into consideration but till

that you are in pre T/0 condition or not

Jr Valli late consideration etre said ign ion

orifor arhich he is enjoying interen

ia PI So ruined.

arc ia v abiding officers ;root yc

maircrto stirov proper

y a ai

faiM = uaa hcecira as cara,

hope it is become necessary to us

moving any application,

appropriate steps, otherwise there will be no

lennj forum to highlight the activity 3f yours by moving application.

eats iHg for your goon oecision till neat but that will nor. for unlimited period. Our

epuittun variest not our rveallobss

kindly acknowbidge the same an.:

Than you

cony of raider.

dared 20.01.2016 this is to inform

of order dated 18.01.2015 to yoy was served upon you and hope you have

date nothing was intimated to my client

custody of private respondent

be stopped when the vehicle

will rake initiative to early hearing the

orthority or by your machineries.

i!er clients, pat inners in above matter

ioscir

for that reason

.0 intimate you

am intimating you kindly take

alternative to us to knock the door of

We are

in proper way before

oritintit of mi t

0

Cnn A:00 w1010,0Enid i • "10.:PR A DtA,ATO FW&MEDINTFUR

P11•021636 FrCgiva( 8 A*ITEI: , 12 D.0 A 0 ST kW 8188.8888:8:8.

SP +10 AEA{ '0`01 [CAA 7000100

thuialbst

•,80 h° , • 0 ` A

AlPk,11-C,CY, .b,004 10000:0:s.0.00, 7040, c P4A0Aud4AA.5i.,(00,.

7/

S. Sarnim Akhter

Chamber: 12, old Post Office .st.

Adt seats, Kolkata —100 001

• High Court, Calcutta

Mobile: 9830355169

Ref. No

Antara. Aacharya, District Magistrate ex-officio Departmental Head of Transport Department, District Purba Medinipur, Office at:- Tamluk, P.0;- and P.S; Tamluk Dist:- Purba Medinipur, PIN 721636.

2.. Mr. Amai Das Regional Transport Officer Purba Medirdpur Registering Officer, Transport Department, District. Purba Medinipur. Office at Tamluk, P.O arid P.S: Tamluk,

Purba Medinipur-PIN 721636.

Deur Sins).

Dated 12th April 2016

Re:- W.P No 25322(w) of 2015.

Bidyut Kotal & Ant.

--Vs--

The State of West Bengal & Ors.

Note:- In non compliance of order dated 18.01.2016

of Hointio High Court, Calcutta it is served to you

• before filling Contempt application, to know why

contempt application will not file praying to throw

in civil prison with Cost.

This is to inform yc -Li that as per order passed in above matter, a copy of writ

petition anc gist of order was communicated upon you on 20.01.2016 with

forwarding letter.

You are being officer of Registering Authority Transport Department of District

Purba Medinipur, received the same thereafter no hindrance was given to comply

idea Solemn Order.

iri is non action is par dal h proof that how dare you are and you are above the law.

In communica ton 'etc& a tnistake has been occurred that in span period of ten

weeks it was stated twelve weeks but in server copy and in certified copy the time

was fixed tc be hear the grievances of petitioners within a period of ten weeks,

which was in-adverting mistake for which excuse is prayed for, but that do not

give effect to th.e merit of the case.

7,--

Chamber 12, Old Post Office a. Advocate. Kolkata 700 001 !igh Court, Calcutta

ger. No. • ger : 9830355169

Dated : 1211 Apri1,20 16

It is unfortunate to me and to the society that an officer has been neglected to obey the Solemn Order of Hon'ble High Court, Calcutta. You are also did not shows the respect to the Order of Hon'ble High Court and tried to show your power of Chair of Your office.

Now I am enclosing herewith the Xerox copy of Order of Hon'ble High Court Calcutta passed by Her Lordship the Hon'ble Justice Samapti Chatterjee for perusal and as ready reference.

Before filling contempt application it is my last communication in the above matter.

Kindly acknowledge the same and do the needful.

Yours faithfully.

(1":‘ Advocate

Fuck. As Above.

Sk . Swaim Akhter

fAnnexure„ &. ,,,,, ,„„ ,,,,, . -- to in paragraph/3 ,,,,,,, —„„„, a---.

foreirWtition a

r__ ±, "Ai I-6 on this ( 4Mk

Cornmtssioner o Afticlave High Court Appellate Stec

Calcutta

Government of West Bengal Office of the District Magistrate & Collector

Tamluk :: Purba Medinipur (MV Section)

ismo No. 3698/4ivIV

To

The Officer-in-Charge Sutahata PS POI-PS- Sutahata Pin-721035

ST Die Regional Manager lndusind Bank Ltd. Kolkata— 700017

3. The Branch Manager Indusind Bank Ltd.

Tamluk(Nimtalata) Branch at Tam k (Ninnala) Tarnlak

Purha Medinipur h. rho Branch Manager

indusind Bank Branch at Basudevour

PO-Khagianchak Purim Medinipar Pin-72;602

Dated: 20.04.2016

Sub: Hearing in connection with representation of Bid regarding TO of vehicle no. WB29A/3372(Track).

Ref: WP no. 25322(W) of 2015 Bidyta Kotal 82. Anr.

Vs

The State of West Bengal & Ors.

In. inviting the subject cited above and number under reference, I am directed to request you to

dripw:r in the chamber of the RTO(Registering Authority) Purba Medinipur to dispose of the

eve:tont:It ion or Sri Bidyut Kotal & Alln as stated in the captioned subject.

Please treat this as most urgent.

Endo: Copy of the order of the hion'hle Court in connection with WP no.25322(W) 012015

Regional Transport Officer Purha Medinipur

Memo No. 3698/(1)/3/MV

Co iv forwarded for information to: Dated: 20.04.2016

R. Samim Akhcar, Ld. Advocate, hligh Coact Cato Chamber at 12, Old Post Offce Street. hal-700001. This hts a reference to his letter dated 2.04.2016. C to the District Magistrate, Puska Medinipur.

S. LA, to the Additional DISOCINtagistrateta9Parba Medinipur.

Regional Transport Officer Purba Medinipur

at Kotal & Anr

Is(

Government of West Bengal

Office of the District Magistrate & Collector

Tamluk Purba Medinipur

(MV Section)

Memo no. 3694 (MV)

Date: 19.04.2016.

To

Bidyut Kotal & Sri Debaprasad Kotal

5/0- Lt Susanta Kota!, Vill-Motirampur P.0.-Kukraha P.S.-Sutahata.

Dist.-Purba Medinipur. Pin-721836,

2. Sk Masud Alam. Vill-Dhekua Uttar Paschim pally, P.0.-Dhekua

P.S.-Sutahata. Dist.-Purba Medinipur. Pin-721685

Sub: - Personal hearing.

Ref.- W.P.No-25322(N)of 2015

Bidyut Kotal & Anr.

VS

The State of West Bengal & Ors.

In inviting the subject cited above and number under reference, I am directed to request you to appear

in the chamber of the RTO(Registering Authority) Purba Medinipur along with the documents in favour of your

claim on 26.04.2016 at 12 noon for hearing .

Please treat this as most urgent. git:914e.

Regional Transport Officer

Purba Medinipur

Memo no....3694(2)/6(MV) Date: 19.04.2016.

Copy forwarded for information and necessa_ry action to:-

Samim Akhtar, Ld. Advocate, High Court Calcutta. Chamber at 12, Old Post office Street. Kol-

700001 This has a reference to his letter dated 12.04.2016.

2. The ARTO, Purba Medinipur with the request to be present at the tine of hearing.

3 Sri Sudhi Ranjan Mondal,MVI(NT) Purba Medinipur with the request to be present in the chamber of

the undersigned as desired by ADM(MV) Purba Medinipur on the scheduled date and time so that he

may submit a report to the RIO Purba Medinipur within 7(Seven) days after cause an enquiry to

dispose of the petitioners representations as per order of the Hontle High Court Calcutta.

C. A. to the District Magistrate. Purba Medinipur with the request to place it before the District

Magistrate for her kind appraisal.

5. C.A. to the Additional District Magistrate (MV) Purba Medinipur th the request to place it before the

Additional District Magistrate for her kind appraisal. C v aY,,, \ A

Regional Transport Officer

Purba Medinipur

Government of West Bengal

Office of the District Magistrate & Collector

Tamluk Purba Medinipur

(MV Section)

Memo no, no .3694 (MV)

Date: 19.04.2016.

To

1. Sri Bidyut Kotal & Sri Debaprasad Kotal

Sea- Lt Susanta Kotal, VIII-Motirempur R.0.-Kukrahati. P.S.-Sutahata.

Dist.-Purba Medinipur. Pin-721836.

2. Sk Masud Alam. Vill-Dhekua Uttar Paschim pally. P.0.-Dhekua

P.S.-Sutahata. Dist.-Purba Medinipur. Pin-721685

Sub: - Personal hearing.

Ref.- W.P.No-25322(VV)of 2015

Bidyut Kotai & Anr.

VS

The State of West Bengal & Ors.

In inviting the subject cited above and number under reference, I am directed to request you to appear

'n the chamber of the RTO(Registering Authority) Purba Medinipur along with the documents in favour of your

slob-, on 26.04.2016 at 12 noon for hearing

Please treat this as most urgent.

Regional Transport Officer

Purba Medinipur

Memo no....3694(2)/5(MV) Date: 19.04.2016.

Copiforw rded for information and necessary action to:-

1 Sk. Samim Akhtar, Ld. Advocate, High Court Calcutta. Chamber at 12. Old Post Office Street Kol-

700001. This has a reference to his letter dated 12.04.2016.

2. The ARTO, Purba Medinipur with the request to be present at the time of hearing.

3 Sri Sudre Ranjan Mondal,MVI(NT) Purba Medinipur with the request to be present in the chamber of

tite undersigned as desired by ADM(MV) Puts Mediniour on the scheduled date and time so that he

may submit a report to the RIO Purba Mednpur within 7(Seven) days after cause an enquiry to

dispose of the petitioners representations as per order of the Hon'ble High Court Calcutta.

4. C.A. to the District Magsitrate. Purba Medinipur with the request to place it before the District

Magistrate for her kind appraisal.

5 0 A. to the Additional District Magistrate (MV) Purba Medinipur with the request to place it before the

Additional District Magistrate for her kind appraisal.

e7rpINlo -

Regional Transport Officer

Purba Medinipur

AnnOraf 10 in paragraph,,,,

r loror Peak) i A4

on this fi (.27

WRIT SSION oer Solemn Order of Nigh aoast, Calcutta dated 18.01.2016 of

dustier: Sarnapti Chatterieri in W.P No 25322(w) of 2015 the RTO of Pr:rrba

Medinipur issued letter being 3694 and 3698 (MV) 19.04.2015 and 20.04.2016 asking the, underSigned aiongwith their Ld. Advocate to appear

before Registering 'Authority on 26.04.2016 and support the grievances as

agitated before ilanible High Court and its annexure. We appeared herein

rans make submisracri herein in written form is nut-shell as follows:-

be) That we are Citizen of India, were/are registered owner of a vehicle

13 wheels truck bearing rogistration no WS-29A.-3372, registered at

your Registering Authority, Purba Medinipur at Tamluk. The said sal-role wathas bearing Onassis No MAT4480451A01830, Engine No ilA62979062. The said vehicle was/is hypothecated to Indusind

Bank Ltd. Kolkata-17. Due to engagement in other business

deponents intended to give look after to the plying of vehicle to Ski

Masud Alarm who was respondent no-6 in writ petition. Alter

scheming the copy of writ petition the said Alam was not appear

fore lionlore high Court, Calcutta.

It) That the deponents states that they were verbally entered in

agreement that in each and every month the respondent no-6 will

nay a sum of Rs:- 40,000/- (Forty thousand only). The same article

hits been given in the month of August 2014. After taking the said

vehicle Si: Masud Alain change his residential address to jurisdiction

of Durgachais Police Stations.

(e) That deponents states that ra time of plying of vehicle Sk Masud

tinancer on behalf of deponent as

In surance ess Certificate was handed over to Mr. Alam for

such as Original blue book, Tax

peacefully plying of [corsage on road.

(d) That deponents came to know that Mr. Alam is in ill motive for

which deponents intended to stop the vehicle at jurisdiction of

Sutahata Police Station on 20.1.1.2014 at about 4=30 PM but they

Comrnissoner of Affidavit HO Court Appellate Side

Calcutta

77L

failed and the incidents was brought to knowledge of nearest police Station.

(e) That Deponents state that in counter blast of Sutahata P.S Case

Masud Alam lodged a complain on 04.12.2014 before Durgachak Police Station..

(1) That deponents state that to know about where about the status of

vehicle in respect of matters the Registering Authority, Purba

Medinipuit They surprisingly seen that on 20.02.2015 (Friday) the

vehicle was in name of deponents but the same was changed on 23. 02 .20

15(Monday) in favour of Sk Masud Alam. In two

parciculars It was found that against one receipt two particulars

was issued. One shows that on Friday deponents are owner and

on Monday it was shows Sk Masud Alam become owner.

(1) No hearing was made.

(i) No police verification made. Already two Criminal cases were

pending in two Police Stations.

(ili)No Form 29, 30 as per CMV Rules and Money receipt ere

taken from Deponents.

(iv)The deponent's vehicle was alleged transferred but those

deponents are not informed to appear at the time of

transferring nor they asked to present. (v)

How the alleged transferred was made, was no reason behind it

stating that by what documents and declaration the:than

Officer of Registering Authority was satisfied about making

nsfer of Ownership of vehicle. (vi)

In are hand Mr. Sk Ma.sud Alan supplied a non registered

documents in Noting "SALE DEED OF AGREEMENT"

without day, without date, without witnesses signature,

without Advocate signature, showing signature of deponents (W110

never signed in any documents or articles), which was

placed before Durgachak Police Station but very much time

he stated that the Einancers had been sale the vehicle to

him, if so Mr. Alain in double stand with reason that if one

wi3 sink he iviit hoar another ship of Financer's help.

7S

Hoppe Both are disc-believable. Is the Financer owner as

per blue book of vehicle or he has right to sale the vehicle.

At the time execution of Loan Agreement the financers

taken signature in different documents, can not create a

right to sale another's vehicle without hearing him/them.

(g) On 27.02.2015 the deponents made a complain before District

Magistrate as well as S.P and other authorities but nothing was

considered nor any indulgence was given each one of them, for that

reason one demand notice was made by the deponent through their

Ld. Advocate on 11.09.2015 praying to cancel the proceedings of

Transfer of ownership of vehicle. Due to non consideration of that

prayer deponents moved the writ petition and specific order was

passed. All supporting documents are in Writ petition which was served upon you.

(h) We relied the entire facts, grounds and submissions made in writ petition too be 2-1

true as per Oath Act, before this Authority. Prayer of Deponents:-

in the above circumstances deponents pray before your

Honour may graciously be pleased to take appropriate

Peeps to cancel the transfer of Ownership of vehicle WB- 172 in terms of prayer dated 27.02.2015 and

1).09,2015, not to giving effect the transfer of ownership

of vehicle, if Sk Masud Atam fail to answer properly or

insufficient cause has been made, as because it was

made unfortunately by adopting a wrong process, in

accordance with law. AND to pass such other or further

order or orders and/or direction or directions as your Honour may deem fit and proper.

Drafted and prepared by me

))1\ )r se) t Advocate.

Doonents:

La-G.eu)44,7-- twgjO

7c7

Annexureft ....... sw,„,, lo in paragraph. LS

fortio 'nis,,P efition fissndfd A A , il COLA/

on this

"...

Oa of 4/46

2>/k(Y Commissioner of Affidavit High Court Appellate Spit

Calcutta'

Government of West Bengal

Office of the District Magistrate & Collector

Tamluk Purba Medinipur

(MV Section)

Memo no. 3726(2) /(MV)

To

Date: 02.05.2016

re Sr, Deoaprasas Sold sasta spiral Siff loran our P Kur rates P &narrate

r its) thectimpsr n-721536 2. Sr Masud Alem. VIII-Ohekua Uttar Passion parly. P 0 [Merge)

° Jr yr eta Dist-Purba Idedimpur. 7215.66

Sub:- Compliance of the order of the Hon ble High Court Calcutta. Refs A P No-25322pA)of 2015

ROO Ars

he State f West Bengal & Ors

rsuar r to the arrection of the He. bre Stah Court by an order dated 18 01 2016 issued by her lordship the Hontle Justice Samapti Chatterjee, I

requested the petitioners and respondent No, 6 to appear before he along with (he documents in favour of the petitioners claim on 26.04/016 at 12.00 noon

for hearing vide office memo no. 3694/MV dated 19.04.2016, On the basis of the said Office Memo both the petitioners alongwith their Let Advocate and the

respondent No. 6 were present before me and placed their respective submissions to establish their case.

Al the time of hearing the Ld. Advocate of the petitioners made submission that the petitioner no. 1 made a representation on 27.02.2015 to the ot& .tfS lore Pit Medinipur officest Tamluk with the airagation that the respondent NO. 6 by practicifig fraud obtained the transfer of ownership of

rimpac 1) his name with the nelp of the CrIV Cepa. Puta Medicipur office al Tamluk and Pulite; submitted that legal NOTICE has issued

summate requesting re investigate the matter ;o fine uut the truth in his regard

eel co 0 made submistregn rhat ire purchased tne yenicief Truck) bearing Reg. No. (N82914-3372 from two brothers namely Sri Bidsur eonal eye

Dehafrasac Kolar on payment of entire Bank Loan arnountrog lo (.5(s 1087084.00 as Bank Loan and Rs. 300000,00 in cash to the petitioners) and fdr!hre Omitted that after payment of Bank Loan the Indusind Bank Ltd issued ROC elongsvith Form

-29 and Form-30 with their signatures In the said their signatores Them:Sten fr5 sigh:SS:Li Mr Mem josterests to trier °Ike or the DV Department, 'arnica aDagwriii thu

transfer of ownership in(the vehicle in his name as per law and further suomitted that Me vehicte in question is under his possession al oymentsipapecs

TO.7.,epre :eem the page no. 36 of the (NM Petition that a case was filed on the same issue before the Ld. Addl. Chief Judicial Magistrate, Haldia,

Purba Medinipur in connection with case no. G.F.1632/14 (arising out 01 Sufahata PS case 00, 320/14 dated 21.11.2014 u/s 406/420 IPC) Incompliance of the order of the Ld. ACJM, Hardie dated 30.07.2015 in connection with case per. OR 1632114 and subsequent order or the ADM(G0 Purba Medinipur vide his office mem) no 10421

RM/15 dated 04.08.2015 the matter of vehicle no. VVB29.41.3372(Truck) was enquired and submitted a report in detail based on the Co nrciPr HInn

se of the Me Department after nearing the existing registered owners of the vehicle in question and opinion of the MVI and office staff. TS fiats1 - .,,,a is Deriding reefOre the H .al ciTOPP OTPerres,pe!!,..13].ere coon. eledia.

orcems(appes. err, not e peeirrin to Come 10 he Ora:Shen to settle the date hereunder as the said matter is subtudice

dl Chief Judicial Magistrate Court Reda Accomingly the petitioners representations dated 27 February 2015 as well as 111°

Septeincer 2015 are disposed of

Memo no. 3 merit I (Mr WV)

Copy for war drifor information and necessary action to: 64 Stamm Akhtar, Ld ereVocale. High Com Calcutta Chamber at 12 Ord Post Crime Street Not 700001

2. C to the District Magistrate. Puree Medinipur with the request ro place IT before the District Magistrate for her kind appraisal.

C A to the Additional District Magistrate NV) Robe Medinipur with the request to place it before the Additional District Magistrate for her kind

re prase; 4 7. 0/2.4./

Receria' Transport Officer Purba Viemnipur

Regional Transport Officer Purba Meirnihur

Date: 02.05.2016

Alchter

L, Calcutta

Ref:-

To,

Charnber 12, Old Post Office

Koikata - 700 001 Mobile : 9830355159

Dated: l.05.2016

1 The Registering Am henry, !victor Vehicles Department ), at Tarnluk, Pin- 721635,• he District Magistrate and

Departmental head. 2. Regional Transport Officer4 ur, Attached with the office OM e &Collector, At Tarnluk Postal Index

N4,' , t 3 The Secretory, Regional Transka ty, Ex officio 1270 of Purba Meclinipur Office • P.0:- Tainiuk, fist - Parba Mediropur, PIN 7,

Sir, ,P No 25322 (vela 2015 aiciyat Kotal 8/, Ann

SLate of West Bengal Ors,

This is to place on reco of the Hot •ir curt et' 1 9 212 bussed in

.1 a/ foil are lugieciied to comply with Bs

e said Order of the Hornble Court, by giving and/or pasS

, as stated here in above. This is also to plac a pa,r he oral submission< the petitioners also placed their ten submission before you on that clay, di-id lb, ram- saint order notning,

been discussed regarding the same, apsut from Me hearing f the matter by oPi a sue as has itlready been completed before

the HonMle Court, you have got rkkauthorky to re open the said issue with out taking

the due process of Law, as such your order is not at all a reason onc, as such same should be liable to be recall, and

`At ith out going to the merit of the contents of Ca,:: application

of the petitioners as per the Mecum of the Nonlife Court, you have actea

over and above the direction as contained in the said order of the Hon'ble Court. . . In course of hearing it has foun

au the private respondent failed to produce any documents regarding hiS contention ads it has also not established the wov and? or process of transierring the name of owner of ihe concerned

\k) ,\ \\s) v1 /4 PReceived-c":ftl)',0a,\/gu'ckatm.1

mv sectonf r purba medintPu

rder dated 02.03.2013, issuco La, ithe Regional Transport Officer, being

•Orno NO. 3728(2)/(MV). The Writ Petitioners.

it :Sam i111 AkhtCr S nez,1 (.

Chamber: 12, Old Post Office st. Ad v1 High Court, Calcutta

s--a---- ............ Kolkata - 700 001

Ref:- .. .-gegeba,ga.,a,...a.a... . Mobile : 9830355169 a, ........... = .............

vehicle as has been alleged, therefore it is established that the alleged transfer of ownership has been made by practicing fraud

with the assistance of the some interested person, otherwise the petitioner ought to have been called for before changing the

name of the owner of the concerned vehicle,.

It is admitted fact that till now the petitioners never approached before the P.ECISTARING AUTHORITY for any alleged

change of ownership, and your department never produced cow documents to establish that the petitioners ever approached before you for change

of alleged ownership.

In this context it is further stated that till now the concerned vehicle is under

ls of the the control of the said Sk. Masud Alam, without any valid transfer, and you being the high officia

Registering Authority allowed such un-lawful activities, for the

reason best knoivn to you.

From your decision it was first time came to knowledge of the petitioners/tny

clie

nts that the NOC was given by the financer but till date no such letter was co

mmunicated to my clients. To who it was favoured was not disclosed too. I hope

tho.to might be a connicance and cot-a:piracy citheriyise owners are not indentified or

cunt orr)paced but sale was confirmed and you are herein

imposing seal upon them the

same was valid transfer. In Ld. Court below it is not subjudice that why transfer was made,P the cases in Ld Haldia Court was under provisions of Cr.P.0 and

I.P,C not as per Motor Vehicles Act and also not to determining the transfer is valid or not?

At ::he time of execution of Joan proceedings the financers taken so many sign scores upon different papers has might be

used before you, with connivance to the

alleged transferee is not any documentary value to show that my clients sold their

article in presence of Your Authority. Till date your authority did not take

any proceedings for transfer

of ownership of vehicle of my client as because mg clients are not heard and nor their signature was

identified by you're the then officers, How without hearing the petitioners and without verifying their signature your authority claimed that it is valid transfer.

On last occasion your Office behaved roughly with my clients stating that they are cheating

with office

.M T

, and

was

herein

Sk. garnim Akhter Chamber 12, Old Post Office st.

Kolkata — 700 001 Mobile : 9830355169

It is specifically demanded that how and when my clients make cheating with the

officer of Registering Authority Purba Medinipur.

At the time of hearing the Private respondents stated that as per agreement the

vehicle was sold and thereafter he stated that by financer he has bought the vehicle

which was true was not determine by your -order too, So depending upon which stand

the registering authority was confirmed that who was seller of the vehicle.

On 26,04.2016 the ADM (LR) presiding the hearing although District

Magistrate was present in her room but she was absent, is a question herein that she

le cm powered by statute or not fand her decision is within jurisdiction or without luhsr l '.chon.

Oil behalf of the petitioners/ original owners of the vehicle concern requesting

before you to cancel the alleged transfer of ownership of the Vehicle being No. WB-29

A- 3372, and restore the possession of the same without any delay and to perform

the assigned duties to safe guard the victim of circumstances andtake step to punish

the /gender at your own authority, with out deferring the matter with such' type of

efboLfuf (which is un known to the Law), as contained in your aforgsaid memo, by

applying your own Judicial mind, with out prejudice with the order as passed on 2.5,1P. immediately, otherwise to save l the petitioner for their bread and butter they

iron approach before the Competent Court of Law, with out any further reference.

PMase treat this as most urgent.

Copy to: Clients,

Advocate, High Court, Calcutta

yours faithfully,

Advocate,

VEHICLE PARTICULARS Registration No. : VVE329A 3372 Registration Date : 22-Feb-2011 Previous Registration No:

Owner Name : EIDYUT & DESAPRASAID NOM. Permanent Address MOTIRAMPUR

Kt/SNAP-1411

HEAVY GOODS VEHICLE

to 111 paragraph ....... • ..... fortigoing ?Mon -rldmed

Vehicle Class

Vehicle Maker TATA -TATA MOTORS ... Day

Body TRUCK (P / SIDES)

Year of Manufacture 01/2011

No. of Cylinders

Chasis No MAT448840B1A01830

Enoine No 11A62979069

Horse Power 180

Seats 3 (Including driver)

Unladen 8760 kgs

Laden Wt 25000 kids

Registration Valid UpTo : 24-Feb-2015 Tax Cleared UpTo 21.imanois

Tax Token No. sez64358 Color

• EROWN&WHITE Norms

Note:- The vehicle above described is subject to HIRE PURCHASE WITH INDUSIND

SANK L TO, HOL, NOL, 700017.

Fee Rs. 2001.7_ VIDE CH.No. EDZ64864 DATED 20-Feb-2015.

Annestiree .... ............

Commissioner of At IPCavJI High Court Appellate Sd•

Calcutta.

• Bharat &layette

Insurance certificate/Cover Note No. 8032/000/01 Valid frorn'10-Feh-2015 to 20-Feb-2015: Issued try LAMANDALAN GEN. INS: Cl.

N

VEHICLE PARTICULARS Rtaistration No : W82$A 3372 Reorstration Date 22-Pob-2011

Previous Registration No:

Owner Name Permanent Address EPIC NO CCJ3216801

DNEKUA PASCHIM PALLY

HEAVY GOODS VEHICLE

TATA ' -TATA MOTORS

TRUCK (Pt SIDES)

01/2011

MAT44804581A01100

11A62979069

Ya0

3 (including driver)

8780 kgs

2500s Kos

04-Ftb-201$

21-Allay-2015

.B0254658

SROWN&WHITE

Bharat Masa-III

SK htASUD ALAM

Vehicle Class

Vehicle Maker

Body

Year of Manufacture

No, of Cylinders

Chasis No

Engine No

Horse Power

Seats

Unladen

Laden Wt

' Registration Valid UpTo : Tax Cleared UpTo

Tax Token No.

Color

Norms

Insurance certificate/Giver Note No. Valid from to

Issued by AVAILABLE: NA,

Nola:, The vehicle above described is subject

Fee Rs., 200/- /- VIDE CH:No. SD264864 DATED 20-FEK2015,

Date

Annexure..6.2_, .. to In paragraph..,' tore oing,Petilion

*Med on Ibis ........ 4

'''''''''

Cpmebasroner of Aihdav, High Court Appeilale Calcutta

Purba. le

E HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT

JURISDICTiON .APPELLATE. SIDE

P

atter ;it;

(W) of 2016

iipplication under Article 226 of the Constitution of India;

AND in th ,ter of: fiiiLiit. L Kota' Eis Another

ioriers.

'OLE STATE ST BENGAL.

.espondents.

0