WP/27983/2005 of Shyam Sunder Renwa Vs The Secretary, Regional Transport Authority on 30 December 2005

ORDER:

The petitioner is the owner of the vehicle bearing No.AP 1U 819. He intended totransfer the same in favour of one Sri Shaik Masthan Vali. The vehicle isregistered with the R.T.A., Mancherial, Adilabad District. Hence, he submittedan application seeking transfer. The petitioner states that the respondentrefused to register the transfer of the vehicle, on the ground that the petitionerdid not pay the compounding fee for the overloading of the vehicle, which wasintimated to him vide notice, dated 08.09.2003. It is alleged that without evenverifying the explanation, submitted by the petitioner to the notice, dated08.09.2003, a fresh notice was issued on 28.11.2005.

The learned counsel for the petitioner submits that the allegation as to theoverloading itself was without any basis and at any rate, the transfer of thevehicle cannot be withheld, on the basis of such notices.

The learned Government Pleader for Transport, on the other hand, submits thatthe petitioner did not offer satisfactory explanation either to the notice, dated08.09.2003, or the one, dated 28.11.2005.

A perusal of the notice, dated 08.09.2003, issued by the respondent, disclosesthat a sum of Rs.24,500/- was levied, on the ground that he learnt “from reliablesource” that the vehicle was overloaded, that too on five different occasionsbetween 03.07.2003 and 31.07.2003. It is doubtful whether such a demand canbe made, without issuing any vehicle check report. For whatever reason, thematter remained dormant, till the petitioner approached the respondent seekingtransfer of the vehicle. A fresh show cause notice, dated 28.11.2005, proposingto conduct enquiry in relation to the show cause notice, dated 08.09.2003, hasbeen issued.

Be that as it may, the request of the petitioner for the transfer of the vehiclecould not have been rejected by the respondent, when he himself did not think itfit to take further action ever since September, 2003. It is not as if the transferof registration of the vehicle would wipe away the liability, if it is otherwiselegally tenable.

Therefore, the Writ Petition is disposed of, directing the respondent to considerthe application of the petitioner for transfer of registration of the vehicle withoutlinking the same to the proceedings initiated, through notice, dated 08.09.2003.Such transfer shall be without prejudice to the right of the respondent toproceed further in the matter, in accordance with law. There shall be no orderas to costs.

Note: Issue C.C. in two days.

(B/o)

Jsu

_________30.12.2005