Md Azam Ansari v. State Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MD AZAM ANSARI .....Petitioner Through:

Mr.

Kamran Khan, Advocate alongwith Petitioner in Person.

versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Mohit Bhardwaj, Advocate for R-1 to R-4.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 03.12.2024 1.

The petitioner has filed this writ petition under Article 226 of the Constitution, for a direction upon the respondent to de-register, from their records, the petitioner's vehicle, Maruti Wagon R Car bearing Registration No. DL3CAW6664.

2.

The petitioner's contention is that the said vehicle was a petrol vehicle registered on 20.03.2008. After the expiry of the period of 15 years the vehicle was rendered an "End of life vehicle", in accordance with the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021.

3.

The petitioner therefore represented to the respondent on 16.09.2023 to scrap the vehicle. As the petitioner did not receive a response to the representation, and did not have a private place to park the vehicle, he engaged a private scrapper to scrap the vehicle. An affidavit The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 23.09.2023, affirmed by the scrapper, has also been annexed to the writ petition. The petitioner has then requested the respondent to deregister the vehicle. 4.

The respondent has filed a counter affidavit dated 02.09.2024 in which it is stated that the vehicle has already been de-registered. As far as the cancellation of the Registration Certificate is concerned, the respondent has stated as follows:

"8. That the petitioner/ applicant has enclosed an application which is annexed as ANNEXURE P-6 of the present writ petition seeking to remove from records his ELV Wagon· R car bearing Registration No. DL3CAW6664. It is submitted that considering the request of the petitioner, the answering respondent can consider the. request for cancellation of Registration under Section 55 of the Motor Vehicles Act, 1988 provided the petitioner will submit an application for cancellation of Registration along with requisite documents such as original RC, cut piece of Chassis Plate/Engine Number, Scrapper Certificate, VIN Plate."

5.

The writ petitioner, who appears in person, states that he is in a position to submit all the documents, except the scrapper certificate as the scrapping was done by a private agency.

6.

As far as this aspect is concerned, the petitioner has stated on affidavit that the vehicle has been scrapped, and has also enclosed an affidavit of the scrapper to this effect. In the peculiar facts of this case, all the other documents are available, the respondent is directed to accept the affidavit of the scrapper [Annexure P-4 to the writ petition] in lieu of the scrapper certificate mentioned in Paragraph 8 of the counter affidavit. 7.

The petitioner states that he will submit the requisite documents to the respondent, in terms of paragraph 8 extracted above, within a period of two weeks from today, whereupon the respondent is directed to process the application in terms of Section 55 of the Motor Vehicles Act, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

1988.

8.

The writ petition is disposed of in the aforesaid terms. PRATEEK JALAN, J DECEMBER 3, 2024/MR/KB/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.