Miraj Electronics And Mechanical Co.Pvt.Ltd. Through Its Authorised Representative Mr. Vishal Bhatt v. The Transport Commissioner And ANR

sng wp-1303.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1303 OF 2016 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Diwakar R. Singh for the Petitioner.

Shri Manish Pabale, AGP for the Respondent State. - CORAM :

A.S. OKA & SMT. ANUJA PRABHUDESSAI, JJ DATED :

24TH MARCH 2017 P.C.:

1.

Perused the Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the Regional Transport Office to register a vehicle in the name of the Petitioner. Perusal of the Petition shows that there is no averment that an Application/Representation in writing was made by the Petitioner to the Officer empowered to register the vehicle calling upon him to register the vehicle. Before approaching the Writ Court, the Petitioner ought to have approached the

sng wp-1303.16 concerned Authority and demanded the justice. However, the Petitioner has not done that. In light of the law laid down by the Apex Court in Paragraphs 24 and 25 of the decision in the case of Saraswati Industrial Syndicate Ltd and others v. Union of India1, this Petition seeking writ of mandamus cannot be entertained.

2.

Only on this ground, we reject the Petition.

However, rejection of the Petition will not prevent the Petitioner from making an Application to the Registering Authority to register the vehicle. If such Application is made, the same shall be decided on its merits in accordance with law.

(SMT. ANUJA PRABHUDESSAI, J) (A.S.OKA, J) (1974)2 SCC 630