Andhra Pradesh High Court - Amravati
Kolavali Subha Sekhar, vs The State Of Andhra Pradesh, on 7 January, 2021
Author: D Ramesh
Bench: D Ramesh
3208 (SHOW CAUSE NOTICE BEFORE ADMISSION)! I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI: :- (SPECIAL ORIGINAL JURISDICTION) eed THURSDAY, THE SEVENTH DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 363 OF 2021 Between: . Tare Kolavali Subha Sekhar, S/o.K.Varadharajulu, Aged about 33 Years, R/o.1/12, Chinna Dudyala Muddanur, YSR Kadapa District, A.P - 516380 ...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 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 Order R.No.AP2040257432020 dated.21.12.2020 passed by the 24 Respondent canceling the Registration Certificate of Motor Vehicle bearing No.AP 39 T 1484 and also the seizure of the said vehicle under check report vide VCR No.AP/304/Jun/2020/00086 dated.01.06.2020 issued by the 3 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 and GP for Transport for the 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. The Principal Secretary, Transport Department, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh. 2. The Regional Transport Officer, Regional Transport Authority, Prodattur, Andhra Pradesh. 3. The Motor Vehicles Inspector, Pulivendula, YSR Kadapa District, Andhra Pradesh. 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. 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.AP2040257432020 dated.21.12.2020 passed by Respondent No.2 and all such actions pursuant to the said impugned orders, pending disposal of WP No. 363 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 Kolavali Subha Sekhar i.e., petitioner herein, but the learned counsel for the petitioner has contended that they have not made any such application before the authorities on the said date.
The 2™ 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 2nd 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.AP2040257432020, dated 21.12.2020.
The respondents are directed to file their counter within four (04) weeks. Post after four (04) weeks."
. Sd/-E.KameswaraRao ASSISTANT REGISTRAR ry eo. 4 ITTRUE COPY!// SECTION OFFICER For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Transport Department, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh.
2. The Regional Transport Officer, Regional Transport Authority, Prodattur, Andhra Pradesh.
3. The Motor Vehicles Inspector, Pulivendula, YSR Kadapa District, Andhra Pradesh. (Addresses 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 Ook MM | HIGH COURT i :
/ DRJ DATED:07/01/2021 NOTE: POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION WP.No.363 of 2021 INTERIM DIRECTION ae ' i t fog ete? a