Arjun Paik v. The State Of West Bengal And ORS.

In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side.

Item No.

24.3.25 WPA 5852 of 2025 Arjun Paik Vs.

State of West Bengal and Ors.

Mr. Santosh Kumar Chakraborty .... For the Petitioner. Mr. Vimal Kumar Shahi Mr. Sm. Samim Ullah ... For the State.

1. Affidavit of service filed by the petitioner is taken on record.

2. A change of ownership of vehicle No.

CHOIAR 1611 has taken place between the petitioner and the respondent no. 4. The petitioner after having purchased the vehicle and the respondent no. 4 after having sold the same, have applied before the Registering Authority at Barasat, North 24 Parganas, for necessary correction to be made in record pursuant to such change in ownership of the said vehicle, but to no avail as yet.

3. Hence the petitioner being aggrieved has filed the present case.

4. Learned Advocate for the petitioner appears and submits that the petitioner being the bona fide purchaser of the said vehicle is entitled

under the law to replace his name against the said vehicle, in place of earlier owner.

5. Learned Advocate for the State has also appeared and submitted a report in court today. He has raised objection as to the contention and prayer of the petitioner for the reason that the petitioner has neither produced the vehicle nor the necessary statutory fees for the purpose. He has also stated that the petitioner has been directed to be present before the respondent authority on March 28, 2025 in this regard.

6. Since it is learnt that the petitioner is a bona fide purchaser of the vehicle as above and desires to fulfill all the statutory obligations as regards change of name of the owner of the said vehicle in the official record, it is directed that let the petitioner appear before the respondent authority and fulfill all the requisite conditions for the above purpose, on the scheduled date of hearing.

7. In case of the petitioner having fulfilled all the requisite statutory compliances, the said respondent no. 3, Regional Transport Officer, North 24 Parganas at Barasat shall take requisite steps for change of name of the petitioner in place of the erstwhile owner of the said vehicle.

8. Let the entire exercise as above, be concluded by the said respondent, maximum within

a period of four weeks from the date of communication of this order.

9. With the direction as above, the present writ petition being WPA 5852 of 2025 is disposed of.

10. Since no affidavit has been called for, allegations made in the writ petition, shall be deemed to have not admitted by the respondents.

11. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities (Rai Chattopadhyay, J.)