Telangana High Court
WP/24341/2020 of M.Narsimha Reddy, Vs The State of Telangana on 30 December 2020
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdlction) WEDNESDAY, THE THIRTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A , ABHISHEK REDDY WRIT PETITION NO: 24341 OF 2020 Between: AND lV. Narsimha Reddy, S/o l\rl.Narayana Reddy, aged about 32 years,
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdlction)
WEDNESDAY, THE THIRTIETH DAY OF DECEIVBERTWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE A, ABHISHEK REDDY
WRIT PETITION NO: 24341 OF 2020
Between:
lV. Narsimha Reddy, S/o l\rl.Narayana Reddy, aged about 32 years, Occ: Driver,R/o Plot No.16,'17, Sai Ram Nagar, Old Hafeezpet, Miyapur,Hyderabad.R/o Plot No.16,'17, Sai Ram Nagar, Old Hafeezpet, Miyapur,Hyderabad.
...PETITIONER
AND
1. The State of Telangana, rep. by its Principal Secretary, Transport Department,Secretariat Building, Saifabad, Hyderabad.Secretariat Building, Saifabad, Hyderabad.
2. The Telangana State Road Transport Authority, Rep by its Commissioner,Khairtabad RTA Office, Hyderabad.Khairtabad RTA Office, Hyderabad.
3. The Deputy Transport Commissioner, Road Transport Authority tMedak Dist atSanga Reddy.Sanga Reddy.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleased topass an order or direction more particularly one in the nature of Writ Mandamus todeclare the inaction of the respondent No.3 in changing the petitioner address as perhis Aadhar Card as illegal arbitrary and u nconstitutiona I being violative of provisionsof Transport Act and principles of natural [justice ]and consequently direct therespondent No.3 to change the address of the petitioner on his vehicle as per hisAadhar Card by renewing the permit of his vehicle bearing No.TS 15 UA 4670.lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the [petition, ]the High Court may be [pleased ]to direct therespondent No.3 to change the address of the [petitioner ]on his vehicle as [per ]hisAadhar Card by renewing the permit of his vehicle bearing No.TS ['15 ]UA 4670 inpending disposal of the writ petition.
Counsel for the Petitioner: SRl. NAMBI KRISHNA
Counsel for the Respondents: GP FOR TRANSPORT
The Court at the stage of admission made the following: ORDER
THE HON'BLE [SRI ][JUSTICE A'ABHISHEK ][RPDDY]WRIT [PETlrIo ][N ][N ][q-'2!311L/[ ][2o2o]
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ORDER:
This Writ [Petition ][is ][filed ][seeking ][the following ][relief:]
" [. . . ][.. ][to ][pass ][aru ][order ][or ][direction ][nore ][particuLarly ][one]in the [nature ][of ][Wit ][of ][mand'amus ][to ][declare ][the]inaction [of the ][respondent ][No ][3 in ][clt"anging ][the]petitioner's [address as ][per ][his ][Aadhar ][Card ][as ][illegal']orbitrary [and ][unconstitutionol ][being ][uiolative ][of]of [Transport ][Act ][and pnnciples ][of ][natural]prouisions justice and consequenllA [direcL ][the respondetlt ][No'3 ][to]change [the ][address ][of ][the ][petitioner ][on ][his ][uehicle ][as]per Ltis Aodhar [Card ][by ][reneuting ][the ][permit ][of ][his]uehicle beaing [1Vo ][?S ][l5 ][UA ][4670 ][and' ][pass ][such other]order or [ord'ers ][as ][are ][d-eemed ][Jit ][and proper ][in ][the]circumstances [of ][tlrc ][case ]["]
Heard [learned ][counsel ][for ][the ][petitloner ][and the ][learned]Government [Pleacler ][for ][Transport for the ][responclcnts ][with ][their]consent, [the ][writ ][petition ][is ][disposecl ][of ][at ][thc ][slagc of ][admission']
Learned [counsel ][lbr ][thc ][petitioner ][submits ][that the ][lls ][in ][the]writ [petition is ][squarcly ][cove ][recl ][b'v ][order daled ][06 04 ][20 ][l7]present in [W.P.No.9570 ][of ][2Ol7 ][ancl ][the ][order ][dated ][1'5 ][07 ][2O2O']passed passed in W.P.No'8883 [of ][2O2O']
The said [submission ][is not ][disputed ][by lhe ][iearned]Gove rnment [Pleader ][for ][Transport']
In view of [ti-re ][same ][and for the ][reasons ][alike ][in ][the ][order]the order [dated]dated 06.04.2017 [in ][W'P'No ][9570 ][of ][2Ol7 ]' .and 15.07 .2O2O in [WP.No'888 ][3 of ][2O2O ]' [this ][writ ][petition ][is ][also]allowed in [terms ][thereof, clirccting ][the ][respondent ][authorities ][to]allow the [petitioner ][forthwith ][to ][submit ][his ][appiication ][thlough]
online and process the [same ][as ][expeditiously ][as ][possible ][and]complete the testing [formalities ][within ][a ][period ][of ][two ][weeks from]the date of receipt [of a copy of ][this ][order' ][However, ][it ][is ][made clear]that the respondent [authorities ][may take action ][against ][the]petitioner for furnishing [the ][alleged ][fake address ][and ][getting ][his]vehicle registered, [in ][accordance ][with ][law.]
The miscellaneous [petitions ][pending, ][if ][any, shall ][stand]closed. There [shall ][be ][no order ][as ][to costs']
SDIK.SAISHIASSISTANTGI,TRUE COPY//SECTIN OFFICER
To,
'1 . The Principal Secretary, Transport Department, State of Telangana, SecretariatBuilding, Saifabad, HyderabadBuilding, Saifabad, Hyderabad2. The Commissioner, Telangana State Road Transport Authority, Khairtabad RTAOffice, Hyderabad.Office, Hyderabad.3. The Deputy Transport Commissioner,, Road Transport Authority t\/edak Dist atSanga Reddy.Sanga Reddy.
4. One CC to Sri Nambi Krishna, Advocate [OPUC]5. Two CCs to GP for Transport, High Court for the State of Telangana atHyderabad. [OUT]5. Two CCs to GP for Transport, High Court for the State of Telangana atHyderabad. [OUT]6. Two CD Copies cHR).,.;/;/
HIGH COURT
DATED:3011212020
ORDERW.P.No.24341 of [2020]
ALLOWING THE [WRIT ][PETITION]WITHOUT COSTS
U\
*i. .1HEstA(.^3 [,05 ]JAll2021zo**sil_
THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAMIVRIT PETITION No.9570 0F 2017
ORDER:
Petitioners are owners of Light Motor Vehicles (Taxies)registered with the 3..1 respondent. The petitioners, rvho hadpurchased the vehicles in 2015 and 20i6 by availing finances,plying vehicles on hire basis registered under the taxi quota/publicpurchased the vehicles in 2015 and 20i6 by availing finances,plying vehicles on hire basis registered under the taxi quota/publictransport vehicle. The petitioners had also paid the taxes asapplicable to the public transport vehicle (taxi). Initially the fitnesscertificates issued to the petitioners'vehicles are valid for a periodof two years which are required to be renewed after initial period ofcertificates issued to the petitioners'vehicles are valid for a periodof two years which are required to be renewed after initial period oftwo years. The renewal of fitness certificate is governed by Section56 the Motor Vehicles Act, 1988 (for short, "the Act"), read with56 the Motor Vehicles Act, 1988 (for short, "the Act"), read withRules 62, 81 of the Central Motor Vehicles Ru1es, 1989 (for short,"the Rules") and the corresponding Rules 107 to 112 and 116 to"the Rules") and the corresponding Rules 107 to 112 and 116 to123 of the A.P. Motor Vehicles Rules, 1989.
It is the case of the petitioners that the system of seekingrenewal of the fitness certificates to the Light Motor Vehicles, in theState of Telangana, has been made online. When the petitionerstried to open the web portal for making renewal of their fitnesscertificates, the web portal was not accepting the request of the ofthe petitioners. Hence, the present writ petition is filed seeking awrit of Mandamus to the respondent authorities to receive theapplications of the petitioners for renewing their fitnesscertificates.
On notices being issued, counter-affidavit is liled by the Jrarespondent stating that the petitioners' vehicles are all BharathStage-llI (for short, "the B. S-lII), standards Motor Cabs from M/s. [Maiik ][Cars' ][Tejaswi ][Motors and ][Concorde ][Motors' ][which ][are]prohibited [to ][be ][registered ][in ][HYderabad':lj:':::* ]X;"circurnvent [the ][said ][ban' all ][the ][petitioners ][tn ][<]dealers [have ][approached ][the ][3rd respondent ][at ][Sanga ][Reddy]wherein [there ][is ][no ][prohibition ][in ][reiation to registration ][of B ][S-l1I]model [vehicles' ][However' ][while ][getting registration' ][petidoners]had [furnished ][the ][fake ][addresses ][and the ][fake ][addresses proofs]and [thereby ][by ][misleading ][the ][respondent ][authorities ][to ][get ][the]registration [done ][at ][Sanga ][Reddy' ][It ][is ][found ][that ][there ][are ][about]42O [vehicles ][were ][registered ][at ][Sanga Reddy ][by ][adapting ][the]method [as ][stated ][above' ][lt ][is ][also ][further ][asserted' ][that ][the]disciplinary [proceedings ][have been ][initiated ][against ][the ][officials]concerned [and ][also ][notices ][have been ][issued ][to the ][deaiers ][of ][the]vehicles' [lt ][is further ][asserted ][that the ][notices ][were ][issued ][to ][all]the [petitioners caliing ][for ][explanation as ][to ][why the ][registration]made [in ][their ][favour ][shal1 ][not be ][cancelled ][but ][except ][the ][8th]petitioner [none ][of ][other ][petitioners have ][responded ][to ][the ][said]notices' [In ][those ][circumstances' ][the ][petitioners ][are ][not entitled ][for]the [reliefs ][as ][claimed ][in ][the ][writ ][petition']Having [considered ][the ][respective ][submissions' ][it ][may ][be]noted [that ][grant ][of ][renewal ][of ][{itness certificate ][is ][governed by]Section [56 of the ][Act' ][Ruie ][62 ][of ][trre ][Ruies' ][mandate ][the ][renewal]of the [fitness ][certificate ][after ][initiai ][period ][of ][two ][years ][and]thereafter [every ][year' ][Table ][in ][Rule ][62 ][of ][the ][Rules also specify the]parameters [which are ][required ][to ][be ][complied before ][granting]renewal [of ][the fitness ][certificate ][A ][perusal ][of ][the items ][mentioned]in the [table ][disclose ][that ][they ][ai1 ][reiate to ][the ][mechanical ][testing ][of]the [various parts ][of ][the ][vehicle and vehicle components ][like ][Spark]
plug/ suppressor cap/High Tension cab1e, Head Lamp Beams,Other lights, Reflectors, Bulbs, Rear [View ]Mirror, [Safety ][Glass,]Horn, Silencer, Dash Board equipment, Wind Shied [wiper, Exhaust]emission, Braking system, Speedometer, Steering [gear. ][The ][testing]is required to be done by the authorized testing stations. [In ][other]words, the role of the 3'd respondent is [limited ][to ][the ][extent ][of]overseeing the testing operations [and ][ensuring ][the ][test ][is ][being]conducted by the authorized [testing ][stations. ][Though ][it ][is ][not]specifically stated that the [testing ][is ][not ][being done, ][there ][is ][no]objection or contention [that ][the ][petitioners ][are ][not ][willing ][to]comply with any of the [formalities ][that ][are ][required to ][be ][complied]with in terms of the [provisions ][of ][Ru1es. ][It ][is ][not ][denied ][by ][the]respondents that the [web portals ][in ][relation ][to ][the ][petitioners']vehicles have been closed [and ][the ][same ][is ][sought ][to ][be ][justified ][on]the ground that the [petitioners ][have ][provided ][with ][the ][fake]addresses and got their [vehicles ][registered ][at ][Sanga ][Reddy ][by]misleading the authority. [It ][may ][or ][may ][not ][be ][open ][for ][the]authorities [to ][take action ][in ][relation ][to ][submission of]respondent the alleged fake addresses. [At ][this ][stage, ][so ][far ][as ][this ][writ]petition is concerned, [this ][is ][strictly ][confined ][to ][the ][respondent]authorities not accepting [and ][processing ][the ][applications ][of ][the]petitioners for grant of [fitness ][certificates ][lt ][may ][be ][noted ][that ][as]long as the registration [granted ][in ][favour of ][the ][petitioners ][is ][in]subsistence and [subject ][to ][the ][condition ][of ][the ][petitioners]with [the requirements ][of ][payment ][of ][the ][prescribed ][fees]complying andproducingthevehiclesbeforetheauthorizedtestingstations,the respondent [authorities, ][cannot ][deny ][the ][right ][of ][the petitioners]for seeking fitness [certificates ][of ][the ][vehicle as ][litness ][certificates]
are essential is in [relation ][to ][testifying ][the ][roadworthiness ][of ][the]vehicles. The same [has nothing ][to ][do ][with ][the registration of ][the]vehicle.
In those circumstances, [the ][writ petition ][is ][allowed ][directing]the respondent [authorities ][to ][a11ow ][the ][petitioners ][forthwith ][to]submit their applications [through online ][and ][process ][the ][same ][as]as [possibie ][and ][complete ][the ][testing ][formalities]expeditiously within a period of two weeks [from the ][date of receipt of copy of ][this]order. However, it is [made ][clear ][that ][the ][respondent authorities]may take action against the [petitioners ][for furnishing the ][alleged]fake addresses and [getting ][their ][vehicles registered, ][in ][accordance]with law. No order as to costs.
Mmiscellaneous petitions [pending, ][if any, shall stand ][closed']CHALLA KODANDA [[RAM, ]]Date:O6.O4.2O17,Note:Issue cc forlhwith.B/o.GK
CHALLA KODANDA [[RAM, ]]J
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.8883 of2O2O
ORDER:
This writ petition is filed for the following relief:
".... to issue appropriate Writ or any other order ordirection particularly one in the nature of Writ [of]Mandamus to declare the inaction of the respondent [No.3]in changing the petitioners' addresses .as [per ][their]Aadhar Cards as arbitrary, illegal, and violative ofprovisions of Transport Act and consequently direct [the]respondent No.3 to change the [addresses ]of [the]petitioners on their vehicles as per their Aadhar Cards byrenewing the litness and permits of their [vehicles ][and ][to]pass such other order or orders appropriate [in ][the ][case."]
2. Heard the learned counsel [for the petitioners ][and ][the ][learned]Government Pleader for [Transport ][for ][respondents. ][With ][their]consent, the Writ Petition [is ][disposed ][of ][at the ][stage of ][admission.]
3. Learned Counsel for the [petitioners ][submits ][that the ][lis ][in]the writ petition is squarely [covered ][by ][order, ][dated ][06.04 ]'2017passed in W.P.No.957O of 2017.
4. The said submission [is ][not ][disputed ][by ][the ][learned]Government Pleader [for ][TransPort]
5. in view of the same [and ][for ][the ][reasons ][alike ][in ][the ][said]order, dated 06.04.2017 [in ][W.P.No.957O ][ol ][2O17, ][this ][writ ][petition]is also allowed in [terms ][thereof, ][directing ][the ][respondent]authorities to allow [the ][petitioners ][forthwith ][to ][submit ][their]applications through [online and ][process ][the ][same ][as ][expeditiously]as possible, and complete [the testing formalities ][within ][a ][period of]two weeks from the [date ][of ][receipt ][of ][a ][copy ][of ][this ][order']
However, it is made [clear ][that ][the ][respondent ][authorities ][may take]action against the [petitioners ][for ][furnishing ][the ][alleged ][fake]addresses and [getting ][their ][vehicle registered, ][in ][accordance ][with]law.
The miscellaneous [petitions pending, ][if ][any, shail ][stand]closed. There shail be [no order ][as ][to ][costs.]
Date : 15.O7.2O2O.sur/1ur
A.ABHISHEK REDDY, J