Andhra Pradesh High Court - Amravati
Ramineni Lakshmikanth, vs State Of Andhra Pradesh, on 15 February, 2021
Author: D Ramesh
Bench: D Ramesh
(SHOW CAUSE NOTICE BEFORE ADMISSION) Ee IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 4 § (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE FIFTEENTH DAY OF FEBRUARY ~ TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 3604 OF 2021 Between: Ramineni Lakshmikanth, S/o Sivanarayana, Age 40 years, R/o D. No. 2-49, Vinayaka Bazar, Mothadaka Village, Tadikonda Mandal, Guntur District. .. Petitioner AND 4. State of Andhra Pradesh, Rep. by its Principal Secretary to Government Transport department Secretariat, Velagapudi, Amaravati. The Deputy Transport Commissioner, Guntur District at Guntur. The Regional Transport Officer, Guntur, Guntur District. won ...Respondents WHEREAS the Petitioner above named through his Advocate. Sri Kambhampati Ramesh Babu presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the show cause notice issued by the 3rd respondent vide R. No. 831/B3/2020 ,Dt. 29.12.2020 for cancellation of petitioner vehicle's registration bearing No. AP 07 TM 5473 without any jurisdiction as illegal, arbitrary, ultra wires and contrary to the procedure established by land besides violative of the Art. 19 (1) (g) and 21 constitution of India and set aside the same in the interest of justice. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Kambhampati Ramesh Babu, Advocate for the Petitioner and of GP for Transport who takes notice for respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. Principal Secretary to Government, Transport Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The Deputy Transport Commissioner, Guntur District at Guntur. 3. The Regional Transport Officer, Guntur, Guntur District. are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 46.03.2021, on which date the case stands posted for hearing. 1A NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of the show cause notice issued by the 3% respondent vide R. No. 831/B3/2020 Dt. 29.12.2020 pending disposal of WP No.3604 of 2021, on the file of the High Court. The Court made the following: ORDER:
.
"Notice before admission.
Learned counsel for the petitioner stated that the show cause notice dated 29.12.2020 issued under section 55(5) of Motor Vehicle Act (for short "the Act") is not applicable to the present facts and circumstances of the case. The alleged notice was issued on the ground that there were three (3) criminal cases registered against his vehicle.
Learned counsel for the petitioner further stated that under section 55(5) of the Act, the registering authority is having power to cancel the registration only when such registration was obtained on the basis of false documents or by false representation of facts (or) the Engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration. in the present case on hand, there is no such allegation as envisaged under section 55(5) of the Act. Hence, the 3 respondent has no authority of law to invoke the said provision under the Act for the alleged reasons.
Learned Government Pleader appearing for the respondents stated that this is only a show-cause notice and the petitioner could submit his explanation and bring the same to the notice of the authorities concerned about the jurisdiction of the 3" respondent under section 55(5) of the Act.
Considering the above submission, the petitioner is directed to submit his explanation by bringing the said fact to the notice of the authorities concerned. The respondent authorities are directed to consider the explanation submitted by the petitioner strictly in accordance with law and pass appropriate orders as per rules.
Till such time, the respondent authorities are directed not to take any coercive action with regard to the show cause notice dated 29.12.2020.
Post after four (4) weeks."
sd/-p.VenkataRamana ae ITRUE COPYII SECTION OFFICER To,
1. Principal Secretary to Government, Transport Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. The Deputy Transport Commissioner, Guntur District at Guntur. The Regional Transport Officer, Guntur, Guntur District.(1 to 3 by RPAD- along with a copy of petition and Affidavit) One CC to Sri. Kambhampati Ramesh Babu, Advocate [OPUC] Two CCs to GP for Transport, High Court of Andhra Pradesh. [OUT] One spare copy.
oN Downs "Se. HIGH COURT DRI DATED:15/02#2021 ORDER POST AFTER ohuctns NOTICE BEFORE aorkesion fo WP.No.3604 of 2021 / INTERIM DIRECTION 22 FEB 2021