Kripa Shankar Agnihotri Vs. State of U.P. and Another - Court Judgment

Excerpt:
motor vehicles - delay - sections 39 and 40 of motor vehicles act, 1988 - delay by authorities in issuing registration certificate - delay of period over one month not valid ground to issue mandamus. - - rizvi learned counsel appearing on behalf of petitioner, submitted that in the facts and circumstances the desired relief be granted to petitioner, 4. we do not think that the expiry of 1-1/2 months is such that it will give us a handle to exercise our powers to issue a high prerogative writ like mandamus.b.k. roy and r.k. mahajan, jj. 1. the prayer of petitioner is to command the regional transport officer, kanpur nagar (respondent no. 2} to issue registration in regard to his three wheeler tempo within a specified short time.2. it is asserted by the petitioner that after taking loan from the punjab national bank, he purchased a three wheeler tempo, applied for grant of registration but despite expiry of 1-1/2 months by now without any rhyme or reason no registration certificate is being issued.3. sri t. m. rizvi learned counsel appearing on behalf of petitioner, submitted that in the facts and circumstances the desired relief be granted to petitioner,4. we do not think that the expiry of 1-1/2 months is such that it will give us a handle to exercise our powers to issue a high prerogative writ like mandamus. we. accordingly dismiss this writ petition, however, reminding the authority concerned that it is expected of him that he will perform his statutory duties expeditiously and in accordance with the law without giving any impression to any one that there is some dilly-dallying on his part.5. the office is directed to hand over a copy of this order by tomorrow to smt. sarita singh, the learned standing counsel for its forthwith communication to respondent no. 2.