WP/12673/1998 of N.SATYANARAYANA ADILABAD.AND 54 ORS Vs GOVT OF A.P. SEC E.D HYD. AND 3 ORS on 25 September 1998

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)WEDNESDAY, THE TWENTY FIFTH DAY OF JUNETWO THOUSAND AND EIGHTPRESENTTHE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 12673 of 2008

Between:

N. Srinivasa Rao, S/o. N. Sree Ramulu,

R/o. 6-1-133/4, Padma Rao Nagar, Secunderabad.

.....

PETITIONER

AND

1 State of Andhra Pradesh, Rep. by its

Secretary,

Department of Transport, Roads & Buildings, Secretariat, Government of Andhra Pradesh, Hyderabad.

2 The Assistant Secretary, RTA Tirumalghery, Secunderabad.

3 The Motor Vehicle Inspector, R.T.A. Sanga Reddy, Medak District. District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of Indiapraying that in the circumstances stated in the Affidavit filedherein the High Court will be pleased to to issue the Writ or orderor direction more particularly one in the nature of Mandamusdeclaring the seize of vehicle AP 16 TT 0430 by respondent No.3as illegal, null and void and subsequently release the vehicle andpass Counsel for the Petitioner:MR.K.S.MURTHY

Counsel for the Respondents: GP FOR TRANSPORT

The Court made the following Order:

Petitioner states that he purchased the transport vehiclebearing registration No.AP16TT0430, which was manufactured inthe year 1991 by Ashok Leyland Limited and when it was sent forrepairs, the third respondent seized the vehicle, through VehicleCheck Report, dated 01-06-2008, on the grounds that the primemover was fabricated, that there was no valid fitness certificate,that the chassis No.ALSPE258669 was not allotted to any vehicleby the manufacturer and that the vehicle was in bad condition,which is dangerous to the public and road users. The petitionerchallenges the seizure in this writ petition.

Heard the learned counsel for the petitioner as well as thelearned Government Pleader for Transport.

Counter affidavit is filed on behalf of the respondents.

Learned Government Pleader for Transport reiterating theaverments made in the counter affidavit submitted that thetransport vehicle was originally registered in the State of Gujaratwith registration No. GJ 16 C 8670 and the same has beenbrought to the State of Andhra Pradesh and renumbered as AP 16TT 0430, that the petitioner has failed to obtain fitness certificatethough it expired on 27-10-2004 and that it is not safe to ply the vehicle on roads. Hefurther submits that the petitioner has failed to offer explanationto the show cause notice dated 06-06-2008.

Since the petitioner has not offered any explanation to theshow cause notice dated 06-06-2008, I deem it appropriate todispose of the writ petition with a direction to the petitioner tosubmit explanation within a period of one week from today andthe respondents are directed to complete the enquiry and passappropriate orders within a period of ten days thereafter.

The Writ Petition is, accordingly, disposed of. No order asto costs.

_______________

N.V.RAMANA,J

Dt:25-06-2008Note:Furnish copy by tomorrow bousd