2009 PLP 1032 (CLC)

RAJA JALAL-UD-DIN, C.J.

This writ petition is preferred against the office order dated 23-9-2008 passed by respondent No.1, whereby duplicate registration certificate/ownership of the petitioner was cancelled. Counsel for the petitioner agitated that the petitioner had purchased a truck/trailer bearing registration No.GLT-5631 Model-1986, Chasis No.38390, Engine No.112057 from the respondent No.2 in consideration of Rs.12,00,000 (rupees twelve lac). That the petitioner had paid the said amount to respondent No.2, and respondent No.2 got transferred duplicate registration book in the name of petitioner, but on 11-9-2008, the respondent No.2 with mala fide intention submitted an application before the Secretary Motor Registration Authority Gilgit for cancellation of duplicate Registration Certificate transferred in the name of petitioner. On the said application on 20-9-2008. The Motor Registration Authority had issued a final notice to the petitioner to appear before them within a week to settle the issue, which notice was received by the petitioner on 26-9-2008 and on the receipt of the said notice, counsel for the petitioner informed the Motor Registration Authority Gilgit in writing that the petitioner will appear after Eid-ul-Fitar on 10-10-2008, but without giving opportunity to the petitioner and before expiry of stipulated period, the Motor Registration Authority cancelled the duplicate registration certificate/ownership of the petitioner vide office order dated 23-9-2008 which act of respondent No.1 is illegal, against fact, ex parte, unheard and against the precious rights of the petitioner and prayed that the impugned order dated 23-9-2008 may be set aside and the duplicate registration certificate of the vehicle may be restored to meet the ends of justice. Mr. Ghulam-ud-Din Motor Vehicle Examiner Representative of respondent No.1 appeared in Court and produced authority letter which is placed on file. He is also in possession of the documents relating to the transfer of duplicate registration certificate as contested by the petitioner. Copies of the same are also placed on file. Initially the Vehicle No.GLT-5631 was registered in the name of Ghulam Qadir respondent No.2, which was sold to Ghulam Abbas the petitioner and the duplicate registration certificate, was transferred in the name of Ghulam Abbas by Ghulam Qadir. It was also agitated by Ghulam Qadir that the original registration book of the said vehicle had been lost and misplaced. On the basis of the said contention duplicate copy of the registration was issued by the Motor Registration Authority to Ghulam Qadir and the said duplicate copy was provided to Ghulam Abbas by Ghulam Qadir. On 20-9-2008 the respondent No.2 Ghulam Qadir through Motor Registration Authority Gilgit sent a notice to the petitioner Ghulam Abbas to appear before the Motor Registration Authority Gilgit within one week of the said notice, otherwise the registration in the name of Ghulam Abbas would be considered cancelled. On 23-9-2008 in spite of notice dated 20-9-2008 without giving opportunity to the petitioner Ghulam Abbas, the duplicate registration certificate/ownership of Ghulam Abbas was cancelled. The petitioner came into writ petition and notices were issued against respondent No.2 in the addresses mentioned and thereafter under Order V, rule 20, C.P.C. in the daily Nawa-e-Waqat, Multan dated 13-3-2009, vide order sheet dated 26-3-2009 of the Registrar of this Court, but respondent No.2 did not attend the Court. Contents of the writ petition as well as the documents produced by Mr. Chulam-ud-Din representative of respondent No.1 perused. Prima facie we feel that the petitioner has been proceeded unheard and with mala fide intention. In the circumstances, the impugned order dated 23-9-2008 is set aside and the duplicate registration certificate/ownership of the petitioner is declared valid and restored. Writ petition is allowed accordingly. H.B.T./8/Glt. Petition allowed.