- (1.) PETITIONER in this writ application, has prayed for issuance of a writ of certiorari for quashing the letter No. 1060 dated 20.3.2004 and another letter No. 870 of dated 11.3.2004 (Annexures -5 and 5/1), whereby the car registration number of the petitioner, has been cancelled by the respondent no. 3. A further prayer has been made for commanding upon the respondents to allot and to allow him to continue displaying the same registration number on his vehicle as was originally allotted to him .
(2.) BY filing an interlocutory application, the petitioner has informed that the registration number, which was originally allotted to the petitioner has since been allotted to the respondent no. 5 despite the fact that vide order dated 20.4.2004, while issuing notice to the respondent no. 5, this court had stayed the operation of the impugned order dated 29.3.2004 (Annexure -5). Respondents 2 and 3 have filed counter -affidavit. Though respondent no. 5 has appeared through lawyer, but no counter -affidavit has been filed on his behalf.
(3.) CASE of the petitioner in brief is that he had purchased a Ford passenger car on 1.11.2003 from the authorized dealer. Such purchase was made on the basis of hire purchase agreement with the ICICI Bank Ltd., Jamshedpur Branch. Being desirous of availing choice registration number for his vehicle, the petitioner approached the appropriate transport authority and his application for choice number was accepted and vide communication issued by the respondent no. 2 vide his letter dated 21.1.2004 (Annexure -2), the petitioner was informed that he has been allotted registration number JH -05G -0001. The petitioner deposited the prescribed fee of Rs. 5,000/ - for the choice registration number. On the aforesaid number being allotted to him, the petitioner submitted his application in the prescribed form for registration of his vehicle before the District Transport Officer, Jamshedpur alongwith copies of challans in proof of the deposit of the prescribed fee for the choice number and other required fee i.e. one time tax, H.P. fee, registration fee, late fine and conduct of fitness fee. The petitioner was thereafter issued the said registration number for his vehicle by grant of registration certificate and he was allowed to display the number on his vehicle and since the 3rd week of February 2004, the petitioner has been using the aforesaid registration number. While this was so, the petitioner was later served with the impugned letter (Annexure -5) issued by the District Transport Officer (respondent no. 3) informing him that pursuant to the letter of the Transport Commissioner dated 11.3.2004 (Annexure -5/1), the registration number earlier allotted to the petitioner, has been cancelled and the same has been re -allotted to the respondent no. 5 and registered on 16.3.2004. ;