Andhra Pradesh High Court - Amravati
Kuppanna Gari Subba Reddy, vs The State Of Andhra Pradesh, on 7 January, 2021
Author: D Ramesh
Bench: D Ramesh
:PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 481 OF 2021 Between: Kuppanna Gari Subba Reddy, S/o.K.Ramasubba Reddy Aged about 45 Years, R/o.H.No.3/140, Malapadu, Yerraguntla,YSR Kadapa District, A.P Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Transport Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Regional Transport Authority, Rep.by its Regional Transport Officer, Prodattur, Andhra Pradesh. , 3. The Motor Vehicles Inspector, Pulivendula, YSR Kadapa District, Andhra Pradesh. Respondents
WHEREAS the Petitioner above named through his Advocate Sri.Challa Gunaranjan presented this Pstition under Article 226 of the Constitution of India praying that in the circumstances steted 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 Order R.No.AP2040257412020, dated.21.12.2020 passed by the 2nd Respondent cancelling the Registration Certificate of Motor Vehicle bearing No. AP 39 X 8941 and also the seizure of the said vehicle under check report vide VCR No.AP/402/Mar2020/007844, dated.04.03.2020 issued by the 3rd respondent as illegal, arbitrary, contrary to the provisions of Motor Vehicles Act, 1988, Violative of principles of natural justice and Articles 14, 19 and 21 of the Constitution of India and consequently set aside the Impugned Order R.No.AP0020335752020, dated 11.06.2020 passed by Respondent No.2;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.Challa Gunaranjan Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Principal Secretary, Transport Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Regional Transpcrt Officer, Regional Transport Authority, Prodattur, Andhra Pradesh.
3. The Motor Vehicles Inspector, Pulivendula, YSR Kadapa District, Andhra Pradesh.
are 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 before 08.02.2021, on which date the case stands posted for hearing.
IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to release the Transport Lorry of the petitioner bearing No. AP 39 X 8941 pending disposal of the Writ Petition No. 481 of 2021, on the file of the High Court.
IA NO: 2 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the impugned order R.No. AP 2040257412020, dated 21-12-2020 passed by respondent no. 2 and all such actions pursuant to the said impugned orders, pending disposal of the Writ Petition No. 481 of 2021, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice Before Admission.
As per the contentions raised by the learned counsel for the petitioner that the impugned orders were passed on 21.12.2020, wherein reference-1 Says that application dated 21.12.2020 from Sri Kuppanna Gari Subba Reddy i.e., petitioner herein, but the (earned counsel for the petitioner has contended that they have not made any such application before the authorities on the said date.
The 2nd contention of the learned counsel for the petitioner is that the impugned orders were passed under sub-section 2 of Section 55 of Motor Vehicles Act, 1988. For the benefit of the Court, the same is extracted as follows:
The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration.
In view of the above, it is clear that for cancellation of any registration, the authority has to forward the report to the original registering authority for cancellation. But in the instant case, the registration was done at Nagaland. The impugned orders passed by the 2rd respondent is not having any power under sub-section 2 of Section 55 of Motor Vehicles Act, 1988. Considering the above submissions, there shall be an interim suspension of Order in R.No.AP204025741 2020, dated 21.121020. The respondents are directed to file their counter within four (04) weeks. Post after four (04) weeks.
SD/-A.SURYA PRAKASH RAO DEPUTY REGISTRAR IfTRUE COPY// VC For ASSISTANT REGISTRAR To, ook SRL . The Principal Secretary, Transport Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The Regional Transport Officer, Regional Transport Authority, Prodattur, Andhra Pradesh.
The Motor Vehicles Inspector, Pulivendula, YSR Kadapa District, Andhra Pradesh. (1 to 3 by RPAD- along with a copy of petition and affidavit) One CC to Sri.Challa Gunaranjan Advocate [OPUC] Two CCs to GP for Transport, High Court Of Andhra Pradesh. [OUT] One spare copy "HIGH COURT
--DRJ DATED:07/01/2021 NOTE: POST AFTER FOUR (04) WEEKS NOTICE BEFORE ADMISSION WP.No.481 of 2021 INTERIM SUSPENSION 27 JAN PD?