2003 (1) TMI 125 - HC - Customs

Summary

Issues:
Petitioner seeking writ of certiorarified mandamus to quash order for vehicle registration.

Analysis:
The petitioner purchased a vehicle in a public auction held by the Customs Department but faced challenges in registering it due to a seized status. The petitioner filed an application under Rule 57 for transfer of ownership, which mandates specific documentation within 30 days of possession. Rule 57 applies to vehicles sold in auction with existing registration marks or those without valid marks. The registering authority erred in directing the petitioner to seek registration through the Customs Department, which is not a requirement under the law. The court quashed the order and directed the assigning of a new registration mark to the vehicle in the name of the Customs Department, followed by the transfer of ownership to the petitioner. The authority was instructed to complete this process within two weeks. The writ petition was allowed, and the related motion was closed as a result.