S.B. Sinha, J. - (1.) The petitioner has purchased a vehicle from one Nichattar Singh. She filed an application for transfer of the vehicle in the prescribed form which is contained in Annexure 'C' to the writ application. Petitioner's application for transfer of the vehicle is purported to have been rejected on the ground that the petitioner does not hold any stage carriage permit. The vehicle in question has been registered as stage carriage vehicle. The owner of the vehicle is entitled to transfer his vehicle to any person is entitled to purchase any vehicle. The matter relating to the purchase and sale of a vehicle is a matter of contract and in terms of the provisions of the Motor Vehicles Act, 1988, the authorities are statutorily obliged to record such transfer and make necessary endorsement in the R. C. Book if the said transfer is genuine. There does not exist any provision whatsoever in the Motor Vehicles Act or the Rules framed thereunder that before such endorsement in the R. C. Book can be affected, the vendee must be the holder of a permanent stage carriage permit. Such a condition is violative of the scope of the provisions of Motor Vehicles Act and Rules framed thereunder. It is really not at all understandable as to why in what circumstances, such application for transfer is being rejected. More so, the reason assigned for refusing to register the name of the petitioner in the R. C. Book is wholly illegal and without jurisdiction. The respondents are creature of Statute and they must exercise their jurisdiction within four corners of the Statute. They can neither transgress the limit of the Statute nor they can pass any order which is prohibited thereunder.
(2.) The statutory authority while deciding the question may have jurisdiction to consider the jurisdictional question so as to enable him to acquaint himself with the relevant factors failing which he will be guilty of his mis-direction.
(3.) In the instant case, the respondents are guilty of violating the provisions of the Motor Vehicles Act. As indicated hereinbefore, their duty is merely to see that the transaction which has taken place for transfer of the vehicle is genuine one or not.;