High CourtsDivision Bench(2002) 07 AHC CK 0118

Kailash Singh vs Assistant Regional Transport Officer (Administration) and Another

Allahabad High Court · Decided on 15 July 2002 · Citation: (2002) 4 AWC 2631

HON’BLE JUDGES
S.K. Sen, C.J · Ashok Bhushan, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 2010 of 2002

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Judgment

5 paragraphs · 192 words

S.K. Sen, C.J.—Heard Shri A. K. Dixit, learned advocate for the petitioner and Shri S. P. Kesarwani, learned standing counsel for the respondent.

2.

The counsel for the petitioner contended that documents of the vehicle has been surrendered on 29.1.2000. Our attention has been drawn to Annexure-1 to the writ petition. A perusal of Annexure-1 to the. writ petition reveals that said document ts only an application seeking no objection certificate. There is nothing on record to show that the petitioner has complied with the provision of Rule 22 of U. P. Motor Vehicle Taxation Rule, 1998, wherein the procedure has been prescribed in the case of withdrawing the vehicle from use.

3.

It is well-settled that where a provision is made in a statute prescribing the particular procedure, that particular procedure has to be followed and in the event of non-compliance of that procedure, no benefit can be claimed by a person.

4.

In view of the above, there is no infirmity in the order dated 18.6.2002. We are not inclined to grant any relief to the writ petition.

5.

The writ petition being without any merit fails and is dismissed.