Shaikh Azhar Shaikh Yasin v. The State Of Maharashtra Through The Secretary And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13352 OF 2022 Shaikh Azhar s/o. Shaikh Yasin ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents ...

Mr. J. M. Murkute - Advocate for petitioner Mr. S. B. Pulkundwar - AGP for respondent/State ....

CORAM : KISHORE C. SANT, J.

DATE : 31ST JULY, 2023 PER COURT :

1.

Heard learned counsel for the petitioner and the AGP for respondent/State.

2.

The limited issue involved in this petition is in respect of allotment of choice number to the vehicle of the petitioner. 3.

It is the case of the petitioner that he purchased two wheeler vehicle and he wanted to have vehicle number of his choice as MH-23/BE-1212 and accordingly made an application to respondent no. 4 and deposited requisite fees by demand draft. He 1/3

further submits that, without conducting proper auction and without waiting for other formalities, the choice number for which he had applied, was assigned to respondent no. 5. He further submits that, he was kept away from the entire process. Against the said decision, the petitioner filed an appeal before respondent no. 2 - Dy. Commissioner of Transport, which was rejected by order dated 21.06.2022.

4.

The learned AGP pointed out from the affidavit-in-reply that the action was held as per rules. When the auction was conducted, the petitioner was absent. Since there was no any other person requesting for choice number, the said number was allotted to respondent no. 5 for his four-wheeler vehicle. It is submitted that respondent no. 5 has paid the fine amount of choice number which was fixed by the authorities as per rules. Respondent no. 5 offered Rs.45,000/- for the said choice number. He specifically points out from the affidavit that entire procedure was followed as per Section 54 (A) of the Maharashtra Motor Vehicles Rules, 1989 and no illegality is committed by the authorities in conducting the auction process.

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5.

In view of the above, this Court finds that no any substantive right of the petitioner is affected. It is the desire of petitioner to have a choice registration number for his two-wheeler vehicle. This Court finds that, even on this count also, the Court is not inclined to entertain the petition. The petition is, therefore, dismissed.

[ KISHORE C. SANT ] JUDGE 3/3