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Judgment
Heard Sri N.B.Sudarshan, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Transport, appearing on behalf of respondent Nos.1 to 3.
The petitioner approached the Court seeking prayer as under:
"...to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus: a) Declaring the inaction of the Respondent Nos.2 & 3 in not considering the representation dated 06-06-2025 submitted by the Petitioner Bank seeking issuance of a Fresh Registration Certificate in respect of the vehicle bearing Registration No.TS05FL6484, Engine No.K12NP4097242 and Chassis No. MBHCZFB3SND250359 financed under Loan Agreement vide Loan Account No.UCL000601559411 and hypothecated in favour of the Petitioner Bank, as illegal, arbitrary and contrary to the provisions of the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989; and b) Consequently, direct the Respondent Nos.2 & 3 to consider the aforesaid representation dated 06.06.2025 and pass appropriate orders thereon within a time frame to be fixed by this Hon'ble Court; and c) Further direct the Respondent No.2 to issue a Fresh Registration Certificate in favour of the Petitioner Bank in respect of the aforesaid vehicle within such time as this Hon'ble Court may deem fit and proper; and d) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, in the interest of justice..."
The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-
The petitioner Bank had sanctioned a vehicle loan facility to the borrowers for purchase of a DZIRE/VXI vehicle bearing Registration No.TS05FL6484, which was hypothecated in favour of the petitioner Bank. Upon persistent default in repayment of the loan instalments, the loan account was classified as a Non-Performing Asset and the vehicle was repossessed and sold by the petitioner Bank in accordance with the terms of the loan-cum-hypothecation agreement.
ii). Thereafter, the petitioner Bank submitted an application before respondent Nos.2 and 3 seeking issuance of a Fresh Registration Certificate in its favour in respect of the subject vehicle. Though the application was initially kept pending on account of pendency of C.C.No.45 of 2024 before the District Consumer Disputes Redressal Commission, Nalgonda, the said complaint came to be dismissed by order dated 25.11.2025.
iii). Despite the petitioner Bank furnishing all relevant documents and participating in the hearings conducted by respondent No.3, no final decision has been taken on the request for issuance of Fresh Registration Certificate. Aggrieved by the inaction of respondent Nos.2 and 3, the present Writ Petition is filed.
PERUSED THE RECORD:
DISCUSSION AND CONCLUSION:
The learned counsel appearing on behalf of the petitioner mainly put-forth the following submissions:
i). The petitioner Bank financed the vehicle bearing Registration No.TS05FL6484 under Loan Agreement No. UCL000601559411 and the vehicle was duly hypothecated in its favour.
ii). Seeking issuance of a Fresh Registration Certificate in respect of the said vehicle, the petitioner submitted a representation dated 06.06.2025 before the respondent authorities.
iii). The request of the petitioner was not considered on the ground that Consumer Complaint No.45 of 2024 was pending before the District Consumer Commission, Nalgonda.
iv). The said consumer complaint came to be dismissed on 25.11.2025. Thereafter, the petitioner submitted a fresh representation dated 10.12.2025 requesting the respondents to consider its request for issuance of a Fresh Registration Certificate.
v). Pursuant thereto, hearings were conducted on 06.01.2026 and 27.01.2026 by respondent No.3.
vi). The petitioner participated in the said proceedings and produced all relevant documents.
vii). Though opportunities were afforded, respondent No.4 failed to appear before the authority.
viii). Despite completion of all procedural requirements and notwithstanding the dismissal of the consumer complaint, respondent Nos.2 and 3 have not taken any decision on its request for issuance of a Fresh Registration Certificate.
xi). The action of the respondent Nos.2 and 3 is illegal and arbitrary.
Based on the aforesaid submissions, learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled for grant of relief as prayed for by the petitioner.
Learned Assistant Government Pleader for Transport, appearing on behalf of the respondent Nos.1 to 3 submits that respondent Nos.2 and 3 may be directed to consider the petitioner's representation dated 06.06.2025 and to pass appropriate orders thereon in accordance to law within a reasonable period.
Learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Assistant Government Pleader appearing on behalf of the respondents.
TAKING INTO CONSIDERATION:
The aforesaid facts and circumstances of the case,
The submissions made by the learned counsel appearing on behalf of the petitioner and learned Government Pleader for Transport, appearing on behalf of respondent Nos.1 to 3.
The contents of the petitioner's representation dated 06.06.2026 submitted by the petitioner Bank seeking issuance of a Fresh Registration Certificate in respect of the vehicle bearing Registration No.TS05FL6484, Engine K12NP4097242 and Chassis No.MBHCZFB3SND250359, which was financed and hypothecated in favour of the petitioner Bank under Loan Agreement No.UCL000601559411.
The discussion and conclusion as arrived at para Nos.4,5 and 6 of the present order.
The writ petition is disposed of, directing respondent Nos.2 and 3 to consider the grievance of the petitioner as put-forth vide petitioner's representation dated 06.06.2025 submitted by the petitioner's Bank seeking issuance of a Fresh Registration Certificate in respect of the vehicle bearing Registration No.TS05FL6484, Engine K12NP4097242 and Chassis No.MBHCZFB3SND250359, which was financed and hypothecated in favour of the petitioner Bank under Loan Agreement No.UCL000601559411 and pass appropriate orders in accordance to law by providing an opportunity to the petitioner to put forth all the relevant documents in support of petitioner's case before the 2nd and 3rd respondent within a period of two (2) weeks from the date of receipt of a copy of this order, and duly communicate the decision on the said representation dated 06.06.2026 to the petitioner herein. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.