G.R.MAJITHIA,J. - (1.) THE petitioner has sought a mandate from this Court to respondent No. l to release registration certificates of vehicles No. HRE7002, HRE 7003 and HRE 7004. The prayer is made under the following circumstances:
(2.) THE petitioner purchased buses bearing registration Nos. HRE 7002 and HRE 7003 on 30.3.1989 and HRE 7004 on 27.4.1989 from the General Manager, Haryana Roadways, Yamuna Nagar in the open auction. He moved respondent No. l for issuing the requisite certificate to the Registration Authority, Saharanpur. The prayer was declined and this led to the filing of this petition. The registration certificates were surrendered by the Haryana Roadways to respondent No. 1. After purchasing the vehicles, the petitioner moved respondent No. 1 for releasing the registration certificates to enable him to apply for registration before the competent authority as encisaged by Section 50(2)(b) of the Motor Vehicles Act, 1988 (for short the Act). The authorities refused his prayer on the ground that the condition mentioned above has to be fulfilled by the petitioner before he can move for transferring the registration certificates to the competent authorities. The view taken by respondent No. l is wholly perverse and is not sustainable at law. The petitioner has purchased the buses and now he has to move the Registration Authority within whose jurisdiction he resides. There is no dispute that the petitioner is a resident of Saharanpur and he has to move the Registration Authority, Saharanpur for registration of the vehicles in his name.
(3.) CONSEQUENTLY , respondent No. 1 is directed to release the registration certificates to the petitioner within one month hence. This petition is accordingly allowed. No costs.;