- (1.) THIS writ petition has been filed for issuing mandamus directing the respondents to decide the petitioner's representation (Annexure -6), by which petitioner had prayed that the papers of vehicle which she had surrendered before the Regional Transport Authority, be returned to her and if there is any legal impediment, it should be given in writing.
(2.) HOWEVER , in the body of the petition, particularly in paragraph 17, it has been stated that tax to the tune of Rs. 42,000 is being demanded and, therefore, they are not returning the papers surrendered by the petitioner. Learned Counsel for the petitioner was asked if there is any outstanding tax to the tune of Rs. 42,000 towards the petitioner, how the representation can be decided unless the petitioner deposits the said amount or files appeal against that under the provisions of Sections 18 of the U.P. Motor Vehicles Taxation Act, 1997, and many other questions; factual as well as legal were put to the learned Counsel for the petitioner but every time he gave parrot like reply that petitioner is concerned only to release of the papers surrendered by her and he was not in a position to explain as what are the real facts of the case and as to whether the amount of tax is admitted by the petitioner or not and as to whether she is willing to pay the said amount. Learned Counsel expressed complete ignorance to the facts and legal position.
(3.) WE are of the considered opinion that if factual foundation has not been laid down and there are no proper pleadings, there is no occasion for the Court to entertain the writ petition as every party has an obligation to plead its case properly and substantiate the pleadings by filing sufficient evidence in support thereto. Vide Bharat Singh v. State of Haryana, AIR 1988 SC 2181; Larson and Turbo v. State of Gujarat, 1998 (1) JCLR 786 (SC); 1998 (4) SCC 287; National Building Construction Corporation v. S. Raghunathan and others, 1998 (7) SCC 66; Ram Narain Arora v. Asha Rani and others, 1999 (1) SCC 141; Chitra Kumari v. Union of India and others, 2001 (2) JCLR 150 (SC); AIR 2001 SC 1237 and State of U.P. and others v. Chandra Prakash Pandey, AIR 2001 SC 1298.;