Court No. - 2 Civil Misc. Modification/Review Application No. 143698 of 2009 In Case :- WRIT - A No. - 15296 of 2009 Petitioner :- Narsingh Respondent :- State Of U.P. & Others Petitioner Counsel :- B.D. Mishra,H.P. Mishra,M.S. Rathor Respondent Counsel :- C.S.C.,H.P. Mishra Hon'ble Ashok Bhushan,J.
Hon’ble Arun Tandon,J.
Head Sri H.P. Mishra, learned counsel for the applicant-respondent no.
4 and learned Standing Counsel for the State-respondents.
This is an application praying for modification/review of the order of
this Court dated 23rd March, 2009, whereby the writ petition was
disposed of without issuing notice to respondent no.4. However,
liberty was reserved for the said respondent to seek modification or
clarification of the order, if he was so advised. Hence the present
modification/review application by respondent no.4.
Learned counsel for the applicant-respondent no.4 submits that
although this Court directed respondent no.3, namely, Assistant
Transport Officer, Gorakhpur to consider the application of the
petitioner for transfer of the registration of the vehicle in accordance
with law, but without issuing any notice to respondent no.4 and without
giving any reason, an order has been passed by respondent no.3
transferring the vehicle in favour of the petitioner under order dated 4th
May, 2009, a copy whereof has been enclosed as Annexure-6 to the
affidavit filed in support of present modification application.
In the facts and circumstances of the present case, we are of the view
that it is always open for the application-respondent no.4 to challenge
the order dated 4th May, 2009 transferring the vehicle in question in
favour of the petitioner, raising such submissions as may be available
to the applicant. With regard to the legality or otherwise of the
subsequent order dated 4th May, 2009, no consideration is required to
be made in the present writ petition, which had already been disposed
of on 23rd March, 2009.
In view of the aforesaid, we see no reason for interfering with the
subsequent order dated 4th May, 2009. However, it shall always be
open for the applicant-respondent no.4 to challenge the order dated
4th May, 2009 in accordance with law, as he may be advised.
The present modification application is disposed of.
(Arun Tandon, J.) (Ashok Bhushan, J.)
Order Date :- 2.4.2010
Sushil/-